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Anonymous Delaware LLC Question

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BizLaw

Junior Member
What is the name of your state? Delaware

Here's the situation:

*Formed an anonymous Delaware LLC within the last four years. The actual company address is in another state, and the registered agent is in Delaware.

*Applied for a federal trademark for the company, listing the company owner as the only member on the application form.

*Wanted only the company name to appear on the USPTO website in connection with the trademark application, but discovered that the company member name appears as well. This is what I'd like to avoid, and I'm wondering if it's possible.

*Related question: does the "anonymous" status legally mean that there are no members or managers, in which case it would be a mistake to have listed any for the trademark application, or merely that there are members or managers but that they are simply not listed? Is it legally possible to assert that an anonymous Delaware LLC has no members or managers, but only has an unlisted company owner, or does the law require or impute the existence of at least one member or manager regardless of whether the company is anonymous?

Bottom line: would it have been correct to leave the trademark application field asking for the names of the members blank, in which case the personal name would not have appeared on the USPTO website? If such is the case, since it is still very early in the application process, can this be corrected so that the personal name does not appear, but only the LLC name?

Thanks in advance to anyone who knows the answers.
 
Last edited:


divgradcurl

Senior Member
BizLaw said:
What is the name of your state? Delaware

Here's the situation:

*Formed an anonymous Delaware LLC within the last four years. The actual company address is in another state, and the registered agent is in Delaware.

*Applied for a federal trademark for the company, listing the company owner as the only member on the application form.

*Wanted only the company name to appear on the USPTO website in connection with the trademark application, but discovered that the company member name appears as well. This is what I'd like to avoid, and I'm wondering if it's possible.

*Related question: does the "anonymous" status legally mean that there are no members or managers, in which case it would be a mistake to have listed any for the trademark application, or merely that there are members or managers but that they are simply not listed? Is it legally possible to assert that an anonymous Delaware LLC has no members or managers, but only has an unlisted company owner, or does the law require or impute the existence of at least one member or manager regardless of whether the company is anonymous?

Bottom line: would it have been correct to leave the trademark application field asking for the names of the members blank, in which case the personal name would not have appeared on the USPTO website? If such is the case, since it is still very early in the application process, can this be corrected so that the personal name does not appear, but only the LLC name?

Thanks in advance to anyone who knows the answers.

The easiest way to get all of the answers you need is to contact the USPTO itself"

"For general trademark information, please telephone the Trademark Assistance Center, at 1-800-786-9199, or e-mail your question to [email protected]. If you need help in resolving glitches or need answers to technical questions, you can e-mail us at [email protected]. Please include your telephone number, so we can talk to you directly, if necessary."

http://www.uspto.gov/teas/contactUs.htm
 

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