Written by Tomas Orsula
Senior Trademark Attorney
No, it is not necessary to register a company before registering a trademark in most jurisdictions. Trademark registration is typically available to individuals, partnerships, and business entities, regardless of whether the company is formally registered or incorporated.
The purpose of trademark registration is to protect your brand identity and distinguish your goods or services from those of others in the marketplace. The ownership of a trademark is based on the actual use of the mark in commerce or the bona fide intention to use it in the future.
While having a registered company or business can provide certain advantages, such as a legal entity to own and enforce the trademark, it is not a prerequisite for registering a trademark. You can apply for trademark registration as an individual or as an entity, even if your company is not yet registered or incorporated.
What makes a brand eligible to be registered as a trademark?
What are advantages of filing my TM through a lawyer / law firm?
If someone's been using the name I'm trademarking for years, can they fight me for ownership?
Do I already need a business licence to register a trademark?
Is there a price difference when filing wordmark vs figurative mark?
Can I transfer the trademark to be owned by my company once it is registered?
What is the price of an additional trademark class in the US?
Should you file your trademark yourself to save money on attorney fees?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
