Written by Tomas Orsula
Senior Trademark Attorney
It is always necessary to consider if you would like the owner of the trademark to be a physical person or legal entity. Crucial for this decision is who will be using the trademark.
Bear in mind that the person who is the owner of the trademark is allowed to assign the trademark, authorize the licence or, in case of infringement, enforce their rights. Therefore, you should base the ownership decision on the vision you have for using your trademark.
If you plan to sell products as a company, an LLC owner should be the right choice for you. Also, choosing a company as the owner might secure rights to the trademark in case of structural changes in the company. On the other hand, if you seek protection over your family brand, a sole proprietorship might be more suitable for you.
Furthermore, do not forget that in order to file with an LLC as an owner, your company must already exist before filing.
My trademark application was dismissed due to the inclusion of a flag. What should I do?
How do I transfer the trademark ownership to my new company?
Would adding a logo to a trademark application increase the chances of a successful registration?
Can a trademark be removed from trademark register if it is not being used?
I have a registered LLC in US. Can I apply for trademark in France on my US LLC?
What is the price for 2 or more trademark classes in the UK?
Does the choice of font impact the registration of a word mark?
Do I need to run my business in the selected country to register a trademark there?
Do I have any advantage when applying for a trademark if I already have one in another country?
What are the most common grounds for application dismissal by USPTO?
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