Can I Register a Trademark Without a Company in the USA?

Hey there, dreamer! Got a brilliant brand idea but no company yet? Maybe you’re a freelancer, artist, or side-hustler wondering if you can trademark that perfect name or logo without a formal business. Good news—you’re in the right place! At La Défense, we get this question a lot, and we’re here to clear it up. So, can you register a trademark in the USA without a company? Let’s break it down, step by step.

The Short Answer: Yes, You Can!

Here’s the scoop: you don’t need a company, LLC, or corporation to file a trademark with the U.S. Patent and Trademark Office (USPTO). Individuals—like you—can absolutely register a trademark. The USPTO cares about who’s using the mark, not whether you’ve got a fancy business entity. Whether you’re a solo entrepreneur or just testing an idea, you’re eligible. Cool, right? But there’s more to know.

How It Works for Individuals

Registering as an individual is straightforward, but it’s tied to your personal use of the mark. Here’s what you need:

Use It or Plan to Use It

The USPTO requires your trademark—like a name, logo, or slogan—to be tied to goods or services in commerce. You’ve got two options:

– Use in Commerce: You’re already selling something (e.g., handmade jewelry online) or offering a service (e.g., freelance design) with your mark. You’ll need proof—like a product photo or website link.

– Intent-to-Use: Not active yet? File with a genuine plan to use it soon. Later, you’ll prove it with a Statement of Use (SOU) and a fee ($150 per class).

No company required—just you and your hustle.

Filing as “Yourself”

When you apply, you’ll list your name (e.g., “Jane Doe”) as the owner, not a business. You’ll specify the “class” of goods or services—like Class 25 for clothing or Class 41 for education. Costs start at $350 per class (as of 2025), same as for companies. It’s all about proving you control the mark.

Why Register Without a Company?

You might be thinking, “Why bother if I’m not a big business?” Fair question! Here’s why it’s a smart move:

– Protection: Stops others from stealing your brand, even if it’s just you right now.

– Flexibility: You can grow into a company later—your trademark transfers with you.

– Credibility: That “®” symbol screams pro, even for a one-person show.

Think of it as staking your claim early—whether you’re selling art on Etsy or dreaming of a future empire.

Things to Watch Out For

No company doesn’t mean no rules. Here’s what can trip you up:

Personal Liability

Without a company (like an LLC), you’re on the hook if legal issues pop up—like someone challenging your mark. A business entity can shield your personal assets; as an individual, it’s all you. Something to chew on as your brand grows.

Proving Use

The USPTO’s picky—your mark must be in interstate commerce (crossing state lines). Selling locally might not count unless it impacts trade. Filing “intent-to-use” buys time, but you’ll still need to show use eventually (up to 3 years with extensions at $125 per class).

Conflicts

Someone else using a similar mark? You could face rejection or opposition. A thorough search before filing is clutch—and that’s where pros like us at La Défense shine.

How Long Does It Take?

Expect 9–12 months for a smooth ride—same as for companies. Delays like Office Actions (USPTO pushback) or oppositions can stretch it longer. Filing right the first time saves headaches.

State Trademarks: Another Option

Don’t need national protection? State trademarks are simpler and cheaper ($50–$75 per class) and don’t always demand heavy “use” proof. But they’re state-only—fine for local gigs, weak for big dreams.

Should You Wait for a Company?

Not necessarily! Registering as an individual locks in your rights now. Later, you can assign the trademark to a company if you form one—no need to refile. It’s like planting a flag today for tomorrow’s empire. Just keep using it— trademarks die if abandoned.

Why Get Help?

You can DIY, but trademark law’s a maze. Mess up your application, and you’re back to square one—plus extra fees. At La Défense, we’ve guided solo creators and startups alike through this. We’ll:

– Check for conflicts with a pro search.

– File a rock-solid application.

– Handle any USPTO curveballs.

No company? No problem—we’ve got your back.

Ready to Claim Your Brand?

Yes, you can register a trademark in the USA without a company—just your name, a mark, and a plan. It’s your ticket to protection, starting at $350 per class. At La Défense, we make it easy, whether you’re a lone wolf or building something bigger. Don’t risk losing your brand—contact us today to get started. Your idea’s too good to wait!

Read more: