Is it necessary to register a company before registering a trademark?

Photo of Tomas Orsula

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.

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