Starting an LLC and getting Trademarked Before Moving

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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: https://www.uspto.gov/trademarks-application-process/search-trademark-database


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