When to File Trademarks?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Do I need to file for trademark?

Federal, state, and international registration

You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.

Should I get a trademark or LLC first?

Getting an LLC first before filing for your trademark is typically the best way to go. Why? Well, the trademark is going to be owned by someone and normally we'd want the LLC to be the owner. For instance, if we file the application for the trademark first, the LLC doesn't exist yet.