U.S. Trademark Registration Diff. Btwn Individual Company? Do You Know?

Differences Between Individual and Company Trademark Registration in the U.S.-Do You Know Them?

In today’s globalized business environment, a brand has become a key asset in corporate competition. As the direct representation of a brand, the importance of trademarks in the marketplace is self-evident. Particularly in the United States-an advanced, rule-of-law-based market-trademark registration and protection are especially critical. For individuals or businesses planning to enter this market, understanding the differences between registering a trademark as an individual versus a company is the first step in building a strong brand.

1. Differences in Applicant Identity

From a legal standpoint, both individuals and companies can apply for trademarks with the United States Patent and Trademark Office USPTO. However, there are significant differences in eligibility, ownership, and long-term management.

An individual applicant usually refers to a natural person who can apply in their own name. In this case, the trademark belongs entirely to that individual. This option is ideal for freelancers, small entrepreneurs, or solo operators who haven’t yet formed a company.

On the other hand, company applicants include legal entities such as Limited Liability Companies LLCs or Corporations Corps. When a company applies for a trademark, the rights belong to the business entity, not to any specific person. This structure is more formal and convenient for future brand transfers, fundraising, or even going public.

According to the USPTO Annual Report released in June 2025, the number of individual applicants increased by 15% year-on-year, reflecting that more independent creators and small-scale entrepreneurs are beginning to value brand protection. However, most established businesses still prefer to register trademarks under their company names for smoother long-term management.

2. Differences in Trademark Ownership and Transfer

Once a trademark is registered, its ownership directly affects how the brand is used and transferred in the future.

If a trademark is registered under an individual’s name, it becomes part of their personal property. If the individual wants to use it in a business, they often need to license or assign the trademark to the company. Otherwise, it could lead to legal confusion.

In contrast, trademarks registered under a company are considered company assets, making them easier to manage and license externally. Clear ownership of intellectual property also plays a positive role in business valuations, particularly during mergers, acquisitions, or fundraising.

For example, in early 2025, a tech startup named GreenPath faced legal disputes after its Series A funding round because the trademark was originally registered under the founder’s personal name. This led to delays in product launches and additional costs for transferring the trademark. This case serves as a reminder from the very beginning, entrepreneurs should carefully plan trademark ownership.

3. Differences in Legal Liability

In the U.S., a trademark is not only a brand identifier but also a legal right. The responsibilities related to enforcement and infringement cannot be ignored.

If a trademark is registered in an individual’s name, the person is personally liable for any legal consequences, including financial obligations from lawsuits. However, when a company owns the trademark, it is treated as a separate legal entity. This means the company’s debts and liabilities are generally covered by its own assets, while shareholders are only liable up to the amount they’ve invested.

This limited liability protection gives companies more legal protection-especially in complex international legal environments. Therefore, registering a trademark under a company name often offers greater risk control.

4. Minor Differences in Application Materials and Process

While both individuals and companies can apply for U.S. trademarks, there are slight differences in required documentation.

Individual applicants must provide personal details such as full name, address, nationality, and sign a statement declaring their genuine intent or actual use of the trademark.

Company applicants, on the other hand, must also provide the company’s country of incorporation, legal structure e.g., LLC or C-Corp, and have an authorized representative sign the application.

In both cases, applicants must clearly define the category of goods or services and pay the required government fees. In 2025, USPTO adjusted some of its fee structures, and individual applicants who qualify as micro-entities may receive certain fee reductions-a recent government initiative to support small and medium-sized businesses.

5. Which Option Is Right for You? It Depends on Your Business Model and Stage

If you're a new freelancer, designer, artisan, or independent creator who hasn’t yet formed a company, registering a trademark as an individual might be a cost-effective and practical choice. It allows you to quickly build brand recognition without incurring high upfront costs.

However, if you’ve already formed a company or plan to seek investment and expand internationally, it’s advisable to register your trademark under the company name as early as possible. This not only strengthens your brand’s professional image but also lays a solid foundation for future legal and business activities.

More and more cross-border e-commerce sellers are recognizing this. According to a mid-2025 report by eMarketer, an increasing number of Chinese sellers entering the U.S. market are choosing to register trademarks under their company names to build consumer trust and avoid the risk of brand hijacking.

Conclusion

Trademarks are not only symbols of a brand but also key components of a company’s intangible assets. Whether you're an individual entrepreneur or a business leader, before entering the U.S. market, it’s essential to understand the differences in trademark registration and choose the option that best fits your stage of development. Taking action early can give you a competitive edge in today’s fiercely contested marketplace.