Written by Jan Buza
Co-founder of Trama
No, you don't have to have a company to register your trademark.
For most entrepreneurs, it's more advisable to have their company be the owner of the trademark, but there are cases where individual ownership might be preferable. For example, a business owner might want to secure intellectual property rights while setting up a new company. Or, an individual (e.g. a celebrity) might purposely wish to retain ownership rights and license the use of the trademark to a different company.
For individual-owned trademarks, it's common to draw up this additional license agreement between the owner and the user, even if it's your company. Another option might be transferring the trademark ownership to the company once it's set up.
If you want to learn more about the advantages and disadvantages of registering a trademark as an individual, we have written an article on the topic.
What serves as evidence of commercial activity in the US prior to trademark application?
What are the benefits of applying for a trademark as an individual?
Should I get a trademark when I start my business, or should I do it later?
Is it possible to register trademarks globally through the Madrid System?
If my trademark application gets dismissed, do I lose the fee?
What is the difference between a trademark and a service mark?
What is the exact cost involved in registering a trademark worldwide?
If I register a logo trademark, will my brand name be protected as well?
If my logo includes text, is the text also protected by the trademark?
After my wordmark is registered, can I apply different fonts to it?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
