What are the advantages of registering a trademark under our business name?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The advantages of registering a trademark under a business name include:

  • Easier enforcement: Generally, the trademark should be owned by the entity using the mark in commerce, and this owner should be the one to enforce the trademark rights. Therefore, enforcement is easier if it's in the name of the company and not an individual.
  • Transferability: There is generally less paperwork in case the owner exits the company, the company gets sold off, the structure of the company changes, etc.
  • Scalability: It provides greater flexibility for future growth, such as when entering new markets, introducing new products or services, or seeking investors or partners.
  • Increasing the company value: Trademarks are quantifiable assets, and by belonging to the business itself, they improve its monetary value.
  • Separation of personal and business assets: It reinforces the legal distinction between you as an individual and your business entity, which can be crucial for liability protection and financial management.

With all this being said, there are a few cases where personal ownership might be preferable, such as with side ventures for which the owner doesn't want to set up a separate legal entity, public personalities purposely wishing to keep the ownership, or entrepreneurs securing trademark rights for their future businesses in advance.

If you want to learn more about which may be the best option for you, you can read our article Should I apply for a trademark in personal or business name?

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