File first. Own your brand.

No. An LLC registration tells the state that your business entity exists under that name in that state. A domain purchase tells GoDaddy that you are renting a URL. Neither gives you trademark rights. Trademark rights in the United States go to whoever uses the mark in commerce first in connection with specific goods or services, and a federal registration with the USPTO is what gives you nationwide priority and the legal standing to enforce those rights against anyone else. Without it, someone in another state can register your brand name and legally force you to stop using it.

Yes, and you should. An Intent-to-Use (ITU) application lets you file a trademark application based on your genuine intention to use the mark in commerce, even before you have sold a single product or launched your site. The filing date becomes your legal priority date nationwide, which means you lock in your claim before a competitor can. Once you launch and begin using the mark, you file a Statement of Use to complete the registration. For pre-launch startups, this is often the single most important IP step you can take.

Increasingly, yes. At the seed stage, most investors are focused on the idea and team. By the time you are raising a Series A, IP ownership is a standard part of due diligence. Investors and their counsel want to confirm that the brand they are investing in is actually owned by the company, that there are no pending conflicts that could force a rebrand, and that contractor-created IP has been properly assigned. A registered trademark, or at minimum a pending application with a clean search, removes a checkbox that can otherwise slow down or complicate a close.

Your options depend heavily on whether you have a registered trademark, when you started using your mark, and how similar the competing brand actually is in the eyes of consumers. With a registration in hand, you have strong legal standing and options ranging from a cease and desist letter to an opposition or cancellation proceeding at the USPTO. Without a registration, you can still assert common law rights based on prior use, but the burden and cost of enforcement are significantly higher. If someone is confusing customers or free-riding on your brand, the first step is an assessment call to determine what your actual rights are and what makes sense to pursue.

Not automatically. Under U.S. copyright law, independent contractors retain ownership of the work they create unless there is a written agreement that explicitly assigns ownership to you or qualifies the work as a work made for hire. This is one of the most common and consequential blind spots in early-stage startups. If you used freelancers or agencies to build your product, design your brand, or create marketing materials and you do not have signed IP assignment agreements, you may not legally own what you paid for. This is a solvable problem, but it is much easier to address before a raise or acquisition than after.

The USPTO currently processes straightforward applications in approximately 8 to 12 months. If the examiner issues an office action requiring a response, the process can extend to 12 to 18 months. Intent-to-use applications have additional steps tied to your use timeline, which can add time as well. The filing date, however, is your legal priority date from day one. Registration takes time, but your rights are established from the moment you file. That is why filing early matters more than waiting until everything is perfect.