If you’re building a business, registering your trademark is one of the most important steps you can take to protect your brand. But many entrepreneurs hit a common fork in the road: Should the trademark be owned by me personally, or by my LLC (or corporation)?
The decision matters—both legally and strategically.
Some business owners file trademark applications in their own name.
Advantages:
Simple and quick to file.
If you operate as a sole proprietor without a formal business entity, this may be the only option.
If you have multiple ventures, you might want personal control over a mark regardless of business structure.
Disadvantages:
Liability: If you personally own the trademark but the business gets sued, or you later sell the business, ownership issues can get messy.
Transfer complications: Selling or restructuring your business often requires formally assigning the trademark from you to the entity.
Mixed signals: If the LLC is the one actually using the trademark in commerce, but you personally are listed as the owner, this can raise legal issues.
Most established businesses choose to have the company (LLC, corporation, or other legal entity) own the trademark.
Advantages:
Consistency with use in commerce: If your LLC is selling goods or services under the mark, it should also be the legal owner.
Easier transfer of ownership: If you sell the company, the trademark goes with it.
Reduced personal liability: The trademark is an asset of the company, not you individually.
Stronger brand protection: Keeps your IP aligned with your business structure.
Disadvantages:
Requires a formal entity (LLC, corporation, etc.).
If the entity dissolves and isn’t maintained, the trademark rights may be jeopardized.
Trademark law requires that the owner listed on the application is the entity actually using the mark in commerce. Filing in the wrong name can invalidate your application.
For example:
If your LLC is making sales under your brand, but you file as an individual, the USPTO may later challenge the application.
If you switch from sole proprietor to LLC, you may need to assign the trademark to the new entity.
New businesses: If you don’t yet have an LLC, it may be fine to start under your personal name, but plan for a transfer when the entity is formed.
Established businesses: File under the LLC or corporation to keep ownership consistent with use.
Growing brands: Work with an IP attorney to ensure your application is in the correct name and that assignments are handled properly.
Your trademark is one of your most valuable business assets. In most cases, it makes sense for your LLC or corporation—not you personally—to own it. This keeps your brand aligned with your business structure and protects you from future complications.
At Stadler IP Law, we help entrepreneurs and businesses file trademark applications the right way. Whether you’re just starting out or restructuring your company, we’ll guide you on how to ensure your brand is protected and your ownership is clear.