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Can Trademarks be Anonymous?

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  5. Can Trademarks be Anonymous?

The short answer is “yes,” but it is important to understand what Anonymity means and the limitations.

We form a lot of Anonymous LLCs for our clients, and the primary benefit of an Anonymous LLC is that the ownership information of the LLC is not disclosed to the public by the relevant Secretary of State’s website.

Setting up such a structure has some limitations, and should be done carefully (see our knowledge base article entitled, Preserving Anonymity in a State that Discloses Ownership Information).

Similarly to the Anonymous LLC, it’s possible to have an “Anonymous Trademark” which means the trademark registration and application will not list a personal individual as the owner. Ownership information still must be disclosed, but it’s possible to have that owner be an Anonymous LLC, thereby protecting an individual from disclosure, harassment and/or unwanted solicitations that usually comes with a trademark registration (because almost everything is made public).

One important limitation of the Anonymous Trademark, is that we do have to disclose a “domicile address” with the trademark application (learn more about Domicile Address). This is supposed to be private information, not disclosed to the public, but is required.

So, as long as you’re okay with disclosing the “domicile address” to the USPTO, you can have an Anonymous Trademark by first forming an Anonymous LLCs, and then purchasing a Trademark Registration.

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