You can start the incorporation process and just do the trademark in the name of the business. Let me know if I can help with either/both. I have experience with corps, LLCs, fed trademark registration and state issues.

Best,

Daniel Bakondi, Esq.

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The other attorney is on point here. I can only add you should have a search done of federal trademarks first, to see if someone else has a federal registration on the mark. They would have the right to stop you in the future. Consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

A pretty well known asset protection strategy is to not have the company own the IP, but instead have a licensing agreement between the actual owner and the company. The ideal situation is for the IP owner to be another entity (i.e., LLC). This can work if you as the individual owns the IP, but in practice, someone who is suing a company will likely name the owner in the lawsuit regardless to try and eliminate liability protection. This could be a long discussion, but in short, there are advantages to you owning the IP yourself and license it to your company.