Business owners seeking brand protection ask whether forming a limited liability company (“LLC”) or a corporation is a prerequisite to securing a federal trademark. The answer is “no,” a legal entity such as an LLC or a corporation is not required to file a trademark application with the United States Patent and Trademark Office (“USPTO”). At the federal level, the USPTO simply requires an “applicant,” and that applicant can be an individual, an LLC, a corporation, or another business entity.
It is important to distinguish the roles that business entities and trademarks play in your overall brand strategy. An LLC or corporation is a state-level entity designed to structure your business and offer liability protections. This distinction shields founders from risks associated with business debts and claims, but it does not automatically grant rights to a brand name or logo. A trademark, by contrast, is (with the exception of state-level trademarks) a federal intellectual property right that provides legal protection for your brand identity. Note that the use of an LLC or corporation name does not necessarily confer trademark rights, but that certain use my infringe upon existing trademarks.
Many business owners find it advantageous to form their LLC or corporation before filing a trademark application. Doing so allows the business entity itself to be listed as the trademark owner, which maintains clear ownership from the outset and avoids the need to reassign the trademark later if an application were initially filed in an individual’s name. Additionally, assuming there is a valid business address, using your LLC or corporate name on the trademark application can help protect personal privacy by avoiding public disclosure of your home address on federal trademark records.
Ultimately, trademarks and business entities like LLCs and corporations serve complementary but distinct functions. Integrating both into your business planning creates a more robust legal foundation for growth. Business owners should consider consulting with experienced legal counsel to determine the right timing and strategy for entity formation and trademark registration to best support their long-term goals.
If you need more information on this topic, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
