Should I register my company first before trademark registration?

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Written by Tomas Orsula

Senior Trademark Attorney

You don't have to register your company before applying for a trademark. You can apply as an individual, and later, when your company is set up, either transfer the ownership or prepare and sign a license agreement between the owner (you) and the user (your company) of the trademark.

The first option is better for most entrepreneurs since it allows them to easily sell the company or change its structure without having to alter the trademark as well. It's also preferable from the legal angle since the trademark will be tied to the entity using it in commerce (the business rendering the goods and services), and no further proof of use would be needed.

If you want to read more on the topic, we've prepared an article Should I apply for a trademark in personal or business name?

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