trademark incorporation
Would I be infringing on a trademark if my company name is later trademarked?
<p>If I incorporate an LLC, and then someone federally registers a trademark with that name, would I be infringing on a trademark and have to change my name?</p>

<p>Or will they be unable to register the trademark if a company is using the name?</p>

<hr>

<p>I ask because I keep hearing that I'm supposed to register the company before trademarking, but in my case, I think the trademark is more important. I still want to register the LLC first to make it the trademark owner, but I'm worried that someone will snag the trademark after I register the company. Will I still have protections if my LLC is registered and someone snags the trademark? Will I be able to use the trademarked name on products?</p>

<p>If you form an LLC, and then someone later obtains a registered trademark in the same name, the registered trademark would be enforceable everywhere except in the markets and places where the LLC developed common law trademark rights prior to their registration.</p>

<p>Your LLC formation would also put a bump in the road in their trademark application.</p>

<p>You can, of course, do both, although it is unclear to me why you feel such urgency in the likelihood of an infringement, which suggests that there may be relevant facts that aren't revealed by your post.</p>
