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- Hi everyone, I'm Attorney Aiden Durham with 180 Law Co. in Denver, Colorado, and you're watching All Up In Yo' Business. (light music) (keys clacking) (arrow whooshing) On this episode of All Up In Yo' Business, we're gonna talk about which comes first, an LLC or a trademark? Or in other words, should you focus on getting a trademark before you start forming your business? But before we get into it, don't forget to like, subscribe, and share and hit that little bell button so you get notifications anytime I post a new video. And don't forget to check the description for links to more information and resources. You can download my free guide, free tips for trademarking your brand, and you can also get more information about my trademark services if you're looking for more help with getting a registered trademark for your business. All right, so it's probably no big secret that there are a lot of things that go into starting a business. A lot of steps that need to be taken and a lot of to-do's that need to be checked off. And it can often be pretty confusing, figuring out the proper order for doing all of that. What do I do first? Do I worry about this? Or do I need to take care of this first? Lots of questions come up and a big one has to do with trademarks and whether you should focus on getting a registered trademark or applying for a trademark, or if you should first start with actually forming the business. Because I work mostly with LLCs and a lot of single-member LLCs, I'm gonna use LLCs for these examples and talk about LLCs. But what I'm talking about really applies to any other kind of business entity, not just specifically LLCs. So if we're talking about starting a business and we're gonna operate as an LLC, the big question is, "Do I form the LLC first or do I file for the trademark first?" As with most things, there's no one right answer. It always, always depends on your situation, your circumstances, all of that. But generally speaking, what I typically recommend is forming the business first. Getting the LLC formed first before you worry about filing the trademark application. The reason for this is because the trademark is going to be owned by someone. And normally we would want the LLC to be the owner of the trademark because the LLC is gonna be the one using the trademark. So let's say we file the application for the trademark first, since the LLC doesn't exist yet, it can't be the applicant. It can't be named as the owner of the trademark because it doesn't exist. So in that case, you as the individual or individual owners of the business would have to be the applicant and the owner. And that's fine, but if you are the owner of the trademark, but then your business is...