TRADEMARK IN INDIVIDUAL OR ENTITY NAME

Posted by Michael Shimokaji | Apr 15, 2017 | 0 Comments

QUESTION: Should I register a trademark under myself while I am working up my business plans? I would like to reserve my desired trademark name with the USPTO, but am still working up my plans. Is it better to register with myself as owner, or wait and have the company own the trademark? Can I own it first and then transfer it to the company second, when it becomes operational? I just want to ensure that I get hold of the name. ANSWER: Trademark rights go to the person who first uses it. Therefore, it would be beneficial to file a trademark application in your individual name and then transfer to your entity when operational. Your entity will then get the “benefit” of your earlier, individual use.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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