September 24, 2020

Is it important to trademark Logo before incorporation or should it be done after the company or firm is incorporated?

This is a common question often asked by our clients.We always advise them to wait.

It is always better to wait to get a proper legal entity registered under which you will be trading.By incorporating your company first you will able to make sure that the company/firm owns the trademark. By getting a trademark first, you will have to devote additional resources to assign, license, or transfer the trademark in the company’s name later on.

Of course there are situations where there is competition and/or the owner fears that the trademark might be ‘picked up’ or poached by competition.In such a case , it is a good idea to register the trademark in the owner’s name.We also advise the owners to create online proof of the trademark by using it liberally in connection to their business website. Such commercial use’ online can automatically give you a common law trademark in common law jurisdictions such as the U.S., Canada, Britain, etc., even though you will have to make a greater effort to register it in high risk jurisdictions like Pakistan.

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