Right now I plan to operate as a sole-proprietor; will trademarking a name with a sole proprietorship be advisable, or should I look toward incorporation first?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

Trademarking a name as a sole proprietor can be a viable option depending on your specific circumstances. While it is not mandatory to incorporate before trademarking, there are some considerations to keep in mind.

Registering a trademark as a sole proprietorship means that you, as an individual, will be the owner of the trademark. This provides you with some level of protection for your brand name and helps distinguish your goods or services from others in the marketplace. However, it's important to note that the scope of protection may be limited to the geographic area where you operate your business.

Incorporating your business, on the other hand, creates a separate legal entity (such as a limited liability company or corporation) distinct from yourself. By incorporating, you can potentially enhance the level of protection for your trademark, as the mark will be owned by the entity rather than an individual. This can provide broader protection and may make it easier to transfer ownership or expand your business in the future.

Advice icon

Haven't found what you are looking for?

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.