L.L.C. before Trademark?

[sirdouglas]

What is the name of your state (only U.S. law)? Iowa

I have decided to register for a trademark and will be selecting section 1(b) for Intent to Use. Earlier today I formed an L.L.C. through Legal Zoom. However, it will take a few weeks before it's been completely processed. I am very eager to register my trademark since a similar trademark has just recently been abandoned, so I want to take advantage of this window of opportunity.

For entity type, can I still type in the name of the L.L.C. and select Limited Liability Company for the entity type even though it's establishment is still being processed? Or must I wait for the L.L.C. to finish processing? Basically, how can I register for the trademark as soon as possible despite my pending L.L.C.?

Thank you for the help!

Doug

 

[FlyingRon]

The LLC doesn't exist until it is filed with your state office that handles such things. You don't know when that happens until you get the confirmation back from legalzoom. You'll have to wait a few days.

Trademarks aren't like squatting/pouncing on domains. Just because someone else abandoned the registration doesn't mean that they still don't have trademark rights if they are still using it in commerce.

 

[sirdouglas]

Trademark

Thank you for the quick response. The trademark that was registered was being used by a company that offered a type of social network on their website, whose title was the same as the trademark. While the website was working a few weeks ago, it has been down since the trademark abandonment in January. I am hoping that means the trademark is no longer being used in commerce.

Can I not just register the trademark as an individual, or must it be through the L.L.C.?

Thanks again!

Doug

 

[FlyingRon]

You can file notice of intent as an individual if you intend to use it as an individual. I'm not sure why everybody feels it's necessary to go out and form a corporation or LLC at the drop of a hat.

 

[sirdouglas]

Most of the advice I've gotten was that I should set up an L.L.C. as soon as possible. I will be launching my product online within the next two months, and I'd rather not take the chance of getting sued and putting all of my personal assets at risk.

If I file a notice of intent as an individual would I be able to use in my L.L.C. as CEO? Otherwise, can it be changed to L.L.C. later?

Thanks again.

Doug

 

[westinn]

Can anyone answer this question!

Most of the advice I've gotten was that I should set up an L.L.C. as soon as possible. I will be launching my product online within the next two months, and I'd rather not take the chance of getting sued and putting all of my personal assets at risk.

If I file a notice of intent as an individual would I be able to use in my L.L.C. as CEO? Otherwise, can it be changed to L.L.C. later?

Thanks again.

Doug

I believe you would like to know if you filed a trademark as "Foodsmart" as individual ownership - later on when you form an LLC "Foodsmart LLC" will that trademark be linked to your business or should you file your trademark under ownership of the LLC from the beginning

 

[TheGeekess]

I believe you would like to know if you filed a trademark as "Foodsmart" as individual ownership - later on when you form an LLC "Foodsmart LLC" will that trademark be linked to your business or should you file your trademark under ownership of the LLC from the beginning

This forum prefers if one does not necropost.

The question is almost THREE YEARS OLD. Willing to bet the OP has solved his/her/its problem by now.