Trademarks and Registered Companies

February 13, 2021

Do I have to be a registered company to file my Trademark?

You will agree with me that trademark registration is a vital instrument through which you can protect your brand from illegal use and infringement.

However, the question many people are asking is whether they need to have a registered company before they file for a trademark and the answer is a big NO.

You don’t need to have registered companies to file a trademark registration. A company formation isn’t part of the requirements for registered companies a mark.

A Trademark is like a car; you can personally own it, co-own it with someone else or let your business own it.

Basic requirements needed to register a trademark

These are the basic information that you’ll need to provide if you plan to file for trademark registration:

  • Your name and address including your nationality
  • A statement of declaration detailing your usage of the trademark or intent to use the trademark.
  • A clear depiction of the trademark like a word, symbol, drawing, shape, etc.

The application will undergo multiple stages dependent on regional and national laws that guide the trademark registration.

Do I need to own a company before I file for trademark registration?

You are not obligated to own a company before you can file for trademark registration. Even if you are yet to start conducting any business activity, you are eligible to file your trademark registration.

After registering your trademark with no business entity, the law gives you five years to commence usage of your trademark.

If after five years, you are not using the trademark; you won’t lose the trademark protection right. However, your competitors will be able to ask that you withdraw your trademark from use.

Why is this so?

If you’re not ready to use the trademark that you registered, why then are you blocking other interested parties that are willing to use the same trademark?

That’s where the idea of asking you to withdraw the trademark from use came from so you don’t block the market from your competitors.

Which should I get first: a trademark or an Incorporation?

It is recommended that you begin your trademark application once you file your corporation paperwork because by filing before you launch your business, you can rest assured that your name is protected.

What qualifies for a trademark?

There are two simple requirements that you must meet to be eligible to file for trademark protection and they are as follows:

  • The owner must have a bona fide intent to use the Mark or are using the Mark in commerce;
  • It must be distinctive

Conclusion

There are a lot of benefits to enjoy once you register your trademark and among them include stopping others from stealing and making use of your mark.

Are you ready to file your trademark application? If yes, you can leverage the expertise of renowned attorneys at Trademark Depot (TMD) so USPTO doesn’t reject your application.

TMD consist of registered trademark agents, professional attorneys, and paralegals who have all come together to help you secure your intellectual property.

Contact the experienced and professionals at Trademark Depot (TMD) for a free trademark analysis.

 

 

Written by

Jamie Bashtanyk

CEO/Trademark Agent

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