When to Form an LLC or Corporation vs. Filing a Trademark Application: A Guide by Attorney Elizabeth Potts Weinstein

Hello, I'm Attorney Elizabeth Potts Weinstein. Today, we'll discuss whether you should form your LLC or Corporation first or file your trademark application. Ideally, you would form your LLC or Corporation before filing your trademark application. However, there are important considerations to keep in mind to avoid delays. Forming Your LLC or Corporation First When you plan to run your business through an LLC or Corporation, it's usually best for that entity to own the trademark. This approach simplifies future processes since you won't need to assign the trademark later. It also avoids complications when proving your statement of use, the specimen, and the date of first use for the trademark. The Financial and Timing Challenges However, some clients face financial constraints or delays in starting their business. They might not have the funds to form an LLC or Corporation and file a trademark application simultaneously. In such cases, delaying the trademark