What is better - owning a trademark as a sole proprietor or an LLC?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

It is always necessary to consider if you would like the owner of the trademark to be a physical person or legal entity. Crucial for this decision is who will be using the trademark.

Bear in mind that the person who is the owner of the trademark is allowed to assign the trademark, authorize the licence or, in case of infringement, enforce their rights. Therefore, you should base the ownership decision on the vision you have for using your trademark.

If you plan to sell products as a company, an LLC owner should be the right choice for you. Also, choosing a company as the owner might secure rights to the trademark in case of structural changes in the company. On the other hand, if you seek protection over your family brand, a sole proprietorship might be more suitable for you.

Furthermore, do not forget that in order to file with an LLC as an owner, your company must already exist before filing.

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