Can we get a trademark without a legal entity?

Question

We are in an early development stage but would like to secure trademark rights for our product. Is this possible before we have even incorporated? What are some ballpark costs?

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Answers: 3 public & 0 private

25da12c4d3
Patent Attorney

You can always apply for the mark - whether it is a Section 1(b) intent-to-use application or Section 1(a) in-use application - as an individual and assign the application or registration once you incorporate.

Trademark application filing fees generally start at $225/mark/class of goods. Prior to any filing or your use of a mark in connection with your goods, however, you should have a thorough trademark performed to ensure to are no conflicts. Costs associated with such a search, and with prosecuting the application, can vary depending on the mark in question.

A smooth trademark application process - strong mark, no conflicts, no opposition, etc - may require in the neighborhood of $600, excluding filing fees.

It is very advisable to review your branding strategy with a trademark attorney before purchasing domains, marketing materials, and filing state or federal trademark applications.

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