Does my company need to be fully registered before I apply for a trademark?

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Written by Igor Demcak

Founder & Trademark Attorney

No. You can file a trademark application as an individual before your company is incorporated. Once the company is established, ownership of the trademark can be transferred to it through a trademark assignment.

In the US, if the mark has not yet been used in commerce, the application must be filed as intent-to-use, which is available to both individuals and companies regardless of incorporation status.

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