?Company name as trade mark?

[lostking]

What is the name of your state? Arkansas

I've designed a new handbag. Found and retained a patent attorney to perform the application for design patent and handle the submission for me. His first instructions to me were to come up with a trademark for my item and also said I need to form a corporation or LLC. Which leads me here for my two remaining questions...

#1. His instructions were to come up with a non generic non descriptive word or wording for my trademark.
Can I not use the name of my company "mycompanyname" as my trademark? Or do I need to come up with a product name for the item as the trademark?
Example: Coca-cola Bottling Company is the company and they have coke, sprite, etc..

So then I would have "MyCompanyName" as company name and then need to name the product "widgetwhatever" and trade mark that?

Is it not possible to use my company name for my trademark? I've searched the USPTO.Gov site and have found zero results for live or dead trademarks using that name.


#2. I'm some what confused on this as I just got my EIN number from the IRS and started the business as a sole prop. What's the difference between an LLC and a Sole Proprietor. I'm one individual with no partners. I thought LLC was for a corporation or partnership. Do I need to have an LLC to gain my patent and trademark?

Thanks for any and all help..

Mindy

 

[divgradcurl]

"Is it not possible to use my company name for my trademark?"

As long as you company name is otherwise "trademarkable" -- that is, "non generic non descriptive word or wording " as your attorney put it, your company name can be your trademark.

"What's the difference between an LLC and a Sole Proprietor."

Lots of differences, to many to concisely explain here. The most imnportant differences relate to tax issues and liability. Look up the differences on Google, or talk with a local attorney. You'll probably want to talk with a local attorney who is experienced in setting up small businesses.

"Do I need to have an LLC to gain my patent and trademark?"

No. A patent can be issued to an individual. An individual can also acquire a trademark; however, since the acquisition of trademark rights in the U.S. requires "use in commerce" and, for a registered trademark, "use in interstate commerce" you'll find that most trademarks are in fact owned by some sort of business entity.