The short answer
An individual can apply for a trademark before the planned limited liability company exists. What matters is who actually becomes the applicant. Later incorporation does not automatically transfer a personally owned trademark. Plan any necessary assignment and its documentation early.
Choose an existing legal person for the application
Do not simply enter the intended future company name without clarifying the person behind it. The IPI must be able to identify the applicant clearly. Doubts about legal personality can lead to requests for evidence. Discuss whether a founder or another existing company should apply initially.
Where there are several founders, this temporary arrangement is a shared business decision. Document which project the trademark is held for and what should happen after incorporation. Paying the invoice or inventing the name does not reliably settle future ownership on its own.
Sources: Fedlex: Trade Mark Protection Act, Articles 17 and 28 · IPI: 2026 Guidelines, applicant identity
Prepare the later assignment as a separate step
Article 17 of the Trade Mark Protection Act requires assignment in writing. It takes effect against third parties acting in good faith only after entry in the register. A passing reference in an incorporation plan therefore does not replace a properly prepared transfer to the company that actually comes into existence.
Identify the right concerned precisely in the agreement and establish whether other assets are included. Domains, logo files and copyright permissions may need their own arrangements. Tax effects, valuation and any contribution in kind require separate assessment; a trademark application does not decide those questions.
Sources: Fedlex: Trade Mark Protection Act, Articles 17 and 28
Bring the register and records together after incorporation
Once the company exists and the assignment has been validly agreed, request the appropriate register change. The IPI offers an online service for this. Have the required evidence ready, then check that the owner's name, address and representation appear correctly in the record.
Keep the original application, assignment agreement and change confirmation in the company's records. Also decide who will manage future deadlines and renewal. This keeps the ownership chain traceable if a founder leaves or an investor later wants to examine the company's rights.
Sources: IPI: Online register changes
What you can do now
- Identify the existing applicant before filing.
- Record the intended assignment within the founding team.
- Complete the contract, register update and deadline responsibility after incorporation.
Frequently asked questions
Must I wait for entry in the commercial register?
Not necessarily. An individual can already apply. Whether that interim arrangement makes sense depends on ownership plans, co-founders and the subsequent transfer.
Sources: Fedlex: Trade Mark Protection Act, Articles 17 and 28
Is changing the billing address later enough?
No. A change of trademark owner differs from an address update. The assignment and corresponding register change must be documented appropriately.
Sources: Fedlex: Trade Mark Protection Act, Articles 17 and 28 · IPI: Online register changes