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 2 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.


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