Every trademark application MUST name the correct owner and the USPTO severely limits correction of mistakes in ownership.
By Michael Kondoudis, Small Business Trademark Attorney
This is our EASY guide to trademark ownership.
Trademark ownership is critical to securing and maintaining trademark rights. If you get ownership wrong, you can lose your trademark. Ownership matters.
If you need to learn who owns a trademark, then read on. This guide is for you.
Let’s jump in!
CONTENTS
Part I: What is a trademark
Part II: Who can own a trademark
Part III: Who should own a trademark
Part IV: Who owns a trademark
Part V: What does it mean to own a trademark
Part VI: Why trademark ownership matters
Part VII: How to find out who owns a trademark
Part I: What is a trademark
Part II: Who can own a trademark
Part III: Who should own a trademark
Part IV: Who owns a trademark
Part V: What does it mean to own a trademark
Part VI: Why trademark ownership matters
Part VII: How to find out who owns a trademark
What Is A Trademark?
A trademark is a distinctive symbol, design, word, or phrase that that sets your products or services apart from those offered by other businesses. A trademark is your brand’s unique identifier, making it easily recognizable to your customers.
Who Can Own A Trademark?
Trademark owners come in many forms. People, organizations, and businesses can own a trademark. Some examples of potential trademark owners include:
• Individuals
• Partnerships
• S-Corporations
• C-Corporations
• Limited liability companies (LLCs)
• Sole proprietorships
• Clubs
• Trusts
• Non-profits
Trademarks can be owned by individuals, a partnership, an organization (such as charities), and businesses (such as corporations or limited liability companies). In fact, corporations and LLCs are some of the most common trademark owners.
The world of trademarks is vast and diverse – people, organizations, and businesses can all stake their claim to a trademark.
Can A Trademark Have Two Owners?
Yes, a trademark can have two owners (or more) when all of the owners jointly control the nature and quality of the goods or services offered under the mark (see below).
Who Should Own A Trademark?
A trademark owner should be the party (person, business, organization) that uses the mark and controls the nature and quality of the goods and services offered under the mark.
A trademark owner should be the party that applies the mark to their goods, uses it with their services, and controls the nature and quality of the products and services offered under the mark.
Always remember – the party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner.
What Is Trademark Use?
What do we mean by “uses the mark”? Simply put, this refers to applying the mark to the goods they produce or using it in the sale or advertising of the services they perform.
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New Applications – Legally own your trademark.
Office Actions – We can navigate the trademarking process at the USPTO.
Enforcement – Flex your trademark rights. Stop copycats.
Who Owns A Trademark?
A trademark is owned by the person, organization, or business that uses the mark to brand their goods or services and controls the nature and quality of the goods and services. The person or entity that uses a trademark and controls the quality of the goods or services under the mark owns it.
What Does It Mean To Be A Trademark Owner?
Being a trademark owner means that a party gets the exclusive right to use the mark in their industry and the right to stop others from using confusingly similar marks. Also, a trademark owner is the party responsible for controlling the nature and quality of the goods and/or services offered under the mark.
Being a trademark owner comes with unique rights and responsibilities. Owning a trademark grants you the exclusive right to use the mark in your industry, enabling you to differentiate your products or services from others. Furthermore, as a trademark owner, you hold the power to prevent others from using misleadingly similar marks that could harm your brand.
On the flip side, you are also responsible for controlling the nature and quality of the goods and services offered under the mark. This ensures that your brand maintains a consistent level of standard that consumers can rely on.
Why Is Trademark Ownership Important?
A trademark owner can sue for trademark infringement. Also, the trademark owner is responsible for using the trademark correctly to ensure that the mark stays enforceable. This is because the trademark owner is the party responsible for using the mark and ensuring the quality of the products and services they provide.
Why Does Accurate Trademark Ownership Matter?
A trademark application must identify the correct owner – by law. When an application misidentifies the owner, it must be rejected as a matter of law.
Example: The trademark owner is a corporation or an LLC. The trademark application must be filed in the name of the business – not the owner or corporate officer.
Also, the rules of the USPTO (“the United States Patent and Trademark Office”) prohibit corrections that change the owner.
Mistakes about ownership are some of the most common mistakes that do-it-yourself applicants make when trying to register their trademarks. This mistake can lead to the invalidation of a trademark application.
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How to Find Out Who Owns A Trademark
Conduct a trademark lookup to find out who owns a trademark. This lookup, which is sometimes called a “trademark search,” can be conducted online for free on the USPTO’s website at www.uspto.gov.
Learn More: How to Do a Trademark Lookup – The COMPLETE Guide
Why Should You Own a Trademark?
As a business owner, you should be the one to own the trademark for your goods or services. By owning the trademark, you have the exclusive right to use it within your industry, and you can protect your brand by preventing others from using marks that are too similar. So, no one can register your mark for their business and take it from you!
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
