Do I need to have my business registered as an LLC or Corporation before filing a trademark application?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I need to have my business registered as an LLC or Corporation before filing a trademark application?
Do I need to have my business registered as an LLC or Corporation before filing a
trademark application? I want to know if I need to register my business before
filing for a trademark.
Asked on August 15, 2018 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you can register the trademark in your own name if you like, then transfer the application or mark to your business later, when it is formed. Note though that you cannot register trademark in the "abstract" or hypothetically: you must be actually using it in commerce (e.g providing goods or services under the mark) or at least have concrete plans to use it in commerce within 6 months--and then carry through and actually use it within that 6-month timespan--in order to register mark.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.