Q: Trademark question. Who is the owner - me as an individual, or my LLC?
I need to register a trademark, and I need to clarify the ownership. The trademark is intended for the product line / brand name of the product that I created. I formed an LLC to sell the product under. The name of the LLC is the same one as the Trademark name with the added ",LLC" after the name. So, the LLC will be selling the product and will appear on the product labels, etc. But ultimately I am the owner of both the LLC and the brand. So, do I register the trademark under my own name or under my LLC? My concern is, what if in the future I change LLC to Corporation or something else and dissolve it. I don't know whether or not it will happen, I am just trying to figure out what is the best option for trademark ownership as I am the one who created the product and the trademark, but my LLC is the one who will be selling the product. Please advise. Thank you in advance!
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A:
When deciding whether to register a trademark under your name or your LLC, consider how you intend to use and manage the trademark. Since your LLC will be selling the product and its name includes the trademark, it often makes sense to register the trademark under the LLC. This ensures that the trademark aligns with the entity actually using it in commerce.
Registering the trademark under your LLC can provide clarity and streamline business operations, especially on product labels and marketing materials. Additionally, if you decide to sell or transfer ownership of the LLC in the future, having the trademark registered under the LLC can simplify the process.
If you change your business structure in the future, such as transitioning from an LLC to a corporation, you can always transfer the trademark ownership to the new entity. This flexibility can be part of your business strategy. Ultimately, aligning the trademark ownership with the entity that is actively using it in commerce is a practical approach.
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