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Do You Need to Form an LLC Before Applying For Your Trademark?

August 18, 2020

Written By: Cara O’Hanlon

Edited By: Zara Watson, Esq.

A trademark can be owned by an individual, partnership, company, or other legal entity. This means forming an LLC isn’t necessarily required in order for you to apply for trademark rights. When applying for an LLC, it’s advisable to start the trademark application process as soon as possible. It may be advisable to file for a trademark before starting your LLC to ensure that your company name is protected before you put your products or services on the market.

If you’re filing for trademark registration before forming your LLC, you may be able to file an intent-to-use trademark application. This indicates that you are planning to start using the trademark within six months of approval. You may also apply for a six-month extension up to four times if you can cite a good reason as to why you have not yet used the trademark in commerce. Filing an intent-to-use application can be advantageous in case of legal conflict with another business. In the event of a legal dispute over the mark, your filing date would serve as your date of first-use, which provides you with common law ownership over the name without formal registration.

Your trademark is one of your company’s most valuable assets. Applying for your trademark as soon as possible provides your business with protection from legal risks while you develop and promote your brand. Click here to schedule your free call with Attorney Zara Watson to learn more about how to effectively protect your brand and name.

*** This is for informational purposes only, no attorney-client privilege has been formed.

 

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