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Trademark, but no company.

Posted by Anonymous . updated on 4/15/2010
Hi, I would like to start a music label.


My question is:

Would I be able to trakemark the business name/logo I plan to have for the business without having to register the company yet. And can I begin to use that trademark in selling my music on online stores such as itunes before actually starting up the company?


If so, what is the downside of having a trademark without legally registering the company?

Thank you.
Answers (1)
Please do not rely on statements made by respondents on this peer-answers forum. Answers provided on this peer-answers forum are NOT legal advice. Answers on this forum are not moderated, and some peer-answers may not be accurate. You should consult with a licensed attorney in your jurisdiction. Please do not place any confidential information on this forum.
 
The best bet (still consult with a TM attorney) but file the trademark as an "Intent to Use" meaning that you intend to use the mark in the future (within 6 months). This won't officially register it but will basically put it on "reserve" and then within 6 months or so, you need to file that you are using it in commerce and that is when the registration can happen. Filing ITU (intent to use) also puts other applications that are requesting the same mark as yours on "stand by" while you begin to use yours.

You don't have to be a company to file a trademark, you can file for the mark or an intent to use application as an individual. just click "sole proprietorship" (i think thats how its listed) on the application.
 
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