Should I apply for a trademark in personal or business name?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In most cases, the business name. The trademark should be owned by the entity that will be using it in commerce, which is typically the company. Ownership by an individual when the commercial user is a company requires a license agreement between the two, adds steps to any future business sale, and can complicate enforcement.

If the company is not yet incorporated, filing under your personal name and transferring ownership to the company once it is established is a valid interim approach.

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