Who Should I Identify as the Owner of My Trademark Registration?

traverselegal - March 19, 2012 - Filling out Your Trademark Application, Trademark Law

More applicants incorrectly fill out this section than just about any other. And that’s not good. If this section is incorrect, your application may be void and you will have lost valuable time and your non-refundable application filing fee.

Remember that the Owner of the Mark is not necessarily the name of the person filling out the form. The Owner of the Mark is the legal entity that owns the mark. It could be an LLC, a corporation, or perhaps an individual citizen. Let’s take a look at some common examples.

If the owner of the mark is an LLC or corporation, use the company name as the Applicant Name.  And don’t forget to include the state in which the business is organized or incorporated.

If the owner of the mark is a legally formed partnership, use the partnership name as the Applicant Name and identify the state in which the partnership is legally formed.  In addition, you must include both the names and the countries of citizenship (or entities and states of organization) of the general partners.

If you, as an individual, own the mark with someone else, but have not formed a legal business partnership, you may be joint applicants, not a partnership.  If so, you must provide information about each joint applicant.  To begin, fill in your personal name as the Owner of the Mark, indicate you are an Individual, as well as provide your Citizenship.  After filling in the contact information, click Add Owner at the bottom of the page.  This will allow you to add the Name, Citizenship, and Contact information for the person with whom you are jointly applying.  If there are more than two of you, be sure to click Add Owner and supply the required information for each individual joint applicant.

Another small business entity type is the Sole Proprietorship.  Laws concerning the formation of this entity vary state by state, but it is typically a legally recognized business owned and operated by a single individual.  Here, indicate the name of the Sole Proprietorship as the Owner of the Mark and click on Sole Proprietorship.  Click on the state in which your business is legally organized and indicate your personal name and citizenship.  All of this information is required, so make sure you don’t forget to include it.

If none of these situations apply to you and you alone own the trademark, indicate this by filling in your personal name, your personal contact information, click that you are an Individual, and provide your country of citizenship.

Easy enough, right? Or, at least, not as confusing as it might have been?

Feel free to replay this video and click on any of the links within the form for more information.  And keep an eye out for more of these videos throughout the website.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.