Can I still register a trademark without having a business but under my name and use it later for my product line?

I’d like to register my trademark but have not yet formed a company (LLC or S-Corp).

Asked on February 3, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, an individual can register a trademark; you could then transfer it (e.g. give it to or sell it to) a corporation or LLC you create. Be aware that you have to actually be using the mark in commerce (e.g. selling under it) or be shortly (within 6 months) to be using it in commerce to register it; you cannot register marks for potential future use unless you are about to start using it. (And if you fail to start using it within that time frame, you won't get the registration.)


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