Starting an LLC and getting Trademarked Before Moving

UPDATED: Oct 1, 2022

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Starting an LLC and getting Trademarked Before Moving

I would like to start an LLC for my business and get it the name and logo trademarked. However, I plan on moving to another state in less than a year and the business isnt profitable yet. Can I trademark the name and then create the LLC after I move? What is the best way to go about this, thats cost efficient?

Asked on July 5, 2019 under Business Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Trademarks can only be obtained for names or logos which are actually being used in commerce. While there is an ability to trademark up to 6 months in advance of actually using the mark commercially, you cannot trademark it more than 6 months in advance. You should therefore wait until you are actually beginning to, or at least about to, use the name and logo, then trademark them. In the meantime, you can do the necessary research by checking to make sure that the name, etc. is available for use (i.e. not already in use or trademarked). Here is a link to the trademark search page of the U.S. Patent Trademark Office:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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