Does the company need to be fully set up before registering for a trademark?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

No. A trademark can be registered before a company is incorporated. Individuals can file an application under their personal name and transfer ownership to the company once it is established through a trademark assignment.

In first-to-use jurisdictions (such as the US), these types of applications can be filed on an intent-to-use basis before commercial activity begins, with the requirement to demonstrate use within a set window after examination. In most other jurisdictions, no commercial activity is required at the time of filing, though the application must be made in good faith.

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