CAN I DISSOLVE AN LLC AND THEN TRADEMARK THE BUSINESS NAME?

Posted by Shimokaji IP | Dec 27, 2019 | 0 Comments

QUESTION: Can I dissolve and LLC and then trademark the business name? My partner and I are dissolving our business/LLC by end of year. We plan on trademarking our business name and logo for future use. Can we do that after the business has officially been dissolved? What entity type do we check on the TEAS Plus form?

ANSWER: Yes. Since you are referring to TEAS, you are planning to file a federal, as opposed to state, trademark application.

A federal trademark application can be filed based on an intent to use or on actual use.

An intent to use trademark application can be filed when you are not currently "using" the trademark, but intend to "use" the trademark in the future.

An actual use trademark application is based on your current "use" of your trademark.

The term "use" is a legal term that refers to use of the trademark in US commerce. Use in commerce can be selling your product with your trademark in different states, or even outside of the US.

You can file your federal trademark application before or after you dissolve the LLC. However, if you already have a federal trademark application or registration, that may create a basis for the US trademark office rejecting your LLC trademark application. That assumes that the LLC trademark is essentially the same as your new trademark application or registration.

But you may be able to overcome the rejection by having the LLC consenting to your new application.

When completing the TEAS application form, you can file the application as a partnership, if that is how you are/will be operating your business after the LLC dissolution. If not operating as a partnership, you and your "partner" can file as individual but joint applicants.

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