BLUF: A trademark is generally owned by the person or legal entity that owns the goodwill associated with the mark and controls the nature and quality of the goods or services offered under it. For a use-based federal trademark application, the applicant must be the owner of the mark on the filing date. An intent-to-use application must be filed by the person or entity with the bona fide intention to use the mark in commerce. Filing in the name of the wrong party can make an application void and may not be correctable.
Originally Published July 2023 | Updated October 2026
By Michael E. Kondoudis, Trademark Attorney with 25+ years of Experience
USPTO-Registered·1,000+ Trademarks Searched and Filed·Bar: U.S. Supreme Court
Key Takeaways: Who Owns a Trademark?
A trademark may be owned by an individual or by a legal entity such as an LLC, corporation, partnership, or other organization.
For a trademark already in use, the owner is generally the party that owns the trademark rights and controls the nature and quality of the goods or services offered under the mark.
A federal use-based application under Section 1(a) must be filed by the trademark owner as of the application filing date.
An intent-to-use application under Section 1(b) must be filed by the person or entity that has the bona fide intention to use the mark in commerce.
The trademark owner, applicant, and registrant are related concepts, but they are not always interchangeable.
Two or more people or entities can jointly own a trademark.
An LLC can own a trademark, but forming an LLC does not by itself create trademark rights.
Use by a properly controlled related company or licensee can benefit the trademark owner.
Trademark ownership can be transferred by assignment, subject to important statutory requirements.
Filing a trademark application in the name of the wrong party can be a fatal filing error. A mistake in how the correct owner’s name was stated may sometimes be correctable, but substituting a different owner generally is not.
Who Owns a Trademark?
A trademark is generally owned by the person or legal entity that owns the trademark rights associated with the mark and controls the nature and quality of the goods or services offered under it.
Trademark ownership is tied to the commercial source identified by the mark. A trademark identifies and distinguishes one source’s goods or services from those of others. Federal law defines a trademark in terms of its source-identifying function and its use, or intended use, in commerce. See 15 U.S.C. § 1127.
In a straightforward business structure, the answer is usually simple: the business that uses the mark as its brand and controls the goods or services sold under that brand is usually the trademark owner.
Ownership becomes more complicated when different people or entities are involved—for example, when:
a founder created the brand before forming an LLC;
an individual owns the mark but a corporation uses it;
a parent company owns a mark used by a subsidiary;
a licensee is the party actually selling the goods;
two founders jointly developed and use the mark; or
a trademark has been transferred from one owner to another.
For these situations, identifying who actually owns the trademark requires examining use, control, contractual relationships, business structure, and chain of title.
Trademark ownership also depends on the legal function of the mark. Ordinary trademarks and service marks identify commercial sources, while collective marks are owned by collective organizations and certification marks are owned by entities that control certification standards. Our guide to the four legal categories of trademarks explains these important differences in ownership and authorized use.
What Is a Trademark?
A trademark is a word, name, phrase, symbol, design, or other source identifier used to distinguish one party’s goods or services from those offered by others.
Examples can include:
brand names;
company names used as brands;
product names;
logos;
slogans and phrases; and
other distinctive source identifiers.
The Lanham Act defines a trademark by its function: identifying and distinguishing goods and indicating their source, even when consumers do not know the actual identity of that source. See 15 U.S.C. § 1127.
Who Can Own a Trademark?
A trademark can be owned by a natural person or by a legal entity capable of owning property and asserting legal rights.
Potential trademark owners include individuals, limited liability companies, corporations, partnerships, joint ventures, associations, nonprofit organizations, trusts where legally appropriate, and other recognized entities.
An LLC can own a trademark, but forming an LLC does not automatically establish trademark rights or transfer an individual’s existing trademark rights to the company. The two legal concepts should be evaluated separately. For more information, see how LLC formation and trademark protection differ.
The USPTO requires an application to identify the applicant’s legal entity type. TMEP § 803.03 addresses the legal entity of an applicant, and TMEP § 803.03(h) specifically recognizes limited liability companies as acceptable entities.
The important issue is not simply whether a person or organization can own a trademark. The applicant must be the party that actually owns the trademark rights or, for an intent-to-use application, the party with the required bona fide intention to use the mark.
Who Should Own a Trademark?
The trademark should generally be owned by the person or entity that owns and controls the brand as a business asset.
For an operating business, this often means the company that:
conducts the business associated with the mark;
controls how the mark is used;
controls the nature and quality of the goods or services sold under the mark; and
owns the goodwill associated with the brand.
The correct owner is not automatically the person who invented the name, designed the logo, created the company, serves as its president, or owns shares in the business.
For example, if ABC Brands LLC operates the business, provides the branded services, and owns and controls the brand, the LLC may be the proper trademark owner—not the individual member who formed the LLC. So, yes, an LLC can own a trademark.
Should an Individual or an LLC Own a Trademark?
Whether an individual or an LLC should own a trademark depends on who actually owns the brand and how the business is structured.
If an individual operates a business personally and no separate entity owns the brand, individual ownership may be appropriate.
If an existing LLC operates the business and the trademark is intended to be a company asset, ownership by the LLC will often create a cleaner alignment between the operating business and the trademark asset.
The key rule is that ownership cannot be chosen merely for convenience on the trademark application. The application must accurately identify the party that owns the mark or, for an intent-to-use filing, the party that possesses the required bona fide intention to use it.
Forming an LLC does not itself create trademark rights. State business formation and federal trademark rights are separate legal concepts.
For a deep dive into the question “should I get an LLC or trademark first?“, see our comprehensive guide to LLC-versus-trademark sequencing.
Does Forming an LLC Give the LLC Trademark Rights?
No. Forming an LLC does not automatically create trademark rights in the LLC’s name or in any brand used by the business.
An LLC filing creates a state-law business entity. Trademark rights arise from trademark law and generally depend on source-identifying use, priority, and other applicable requirements.
Likewise, registering a business name, filing a DBA, reserving a domain name, or receiving approval of a corporate name from a state does not establish that the name is available as a trademark or create a federal trademark registration.
This distinction matters because business owners sometimes assume that forming ABC LLC means they “own the trademark” ABC. It does not.
What Is the Difference Between a Trademark Owner, Applicant, and Registrant?
A trademark owner is the person or entity that owns the trademark rights.
An applicant is the person or entity identified as seeking federal trademark registration from the USPTO.
A registrant is the owner identified in connection with a federal trademark registration after the application proceeds to registration.
These terms may describe the same party at different stages, but they should not be treated as synonyms in every situation.
For example, a company may own a trademark and file an application as the applicant. Once the USPTO registers the mark, that company becomes the registrant. If the company later transfers the trademark to another company through a valid assignment, the new company can become the current owner even though the original registration was issued to the former owner.
This distinction is especially important when reviewing USPTO records or determining who has standing to enforce trademark rights.
Who Must File a Use-Based Trademark Application?
A federal trademark application based on use in commerce under Section 1(a) must be filed by the owner of the trademark on the filing date.
Section 1(a) of the Lanham Act states that the owner of a trademark used in commerce may request registration. See 15 U.S.C. § 1051(a)(1).
The USPTO makes the rule explicit in TMEP § 803.01 and TMEP § 1201.02(b): a use-based application must be filed by the party that owns the mark when the application is filed.
This means you should resolve ownership before submitting the application.
Who Must File an Intent-to-Use Trademark Application?
An application filed under Section 1(b) must be filed by the person or legal entity that has the bona fide intention to use the trademark in commerce.
An applicant therefore cannot simply identify another company, a company that has not yet been formed, or a convenient related entity unless that party itself possesses the legally required intent.
TMEP § 803.01 distinguishes this rule from a use-based application: the owner files a Section 1(a) application, while the party with the bona fide intention to use the mark files a Section 1(b) application.
This distinction can become important when founders plan to create a business entity but file a trademark application before that entity legally exists.
Need to Determine the Correct Trademark Owner Before Filing?
Filing a trademark application in the name of the wrong person or business can create problems that may be difficult—or impossible—to correct. A trademark attorney can help determine the proper applicant, ownership structure, filing basis, and filing strategy before the application reaches the USPTO.
US Trademark Attorney • USPTO-Registered Attorney • 25+ Years of Experience • Nationwide Federal Trademark Practice
What Happens if a Trademark Application Names the Wrong Owner?
Naming the wrong owner can make a trademark application void.
Under TMEP § 1201.02(b), an application must be filed by the party that owns the mark—or, for an intent-to-use application, has the required bona fide intention to use it—on the filing date.
If the application was actually filed by the wrong party, the defect generally cannot be cured simply by amending the applicant’s name or assigning the application to the correct owner.
This is one of the most important ownership rules in federal trademark practice.
For example, assume a trademark is owned by ABC Brands LLC, but the Section 1(a) application is filed in the personal name of ABC Brands LLC’s president. If the individual did not own the mark on the filing date, the problem is not necessarily a simple naming error. The application may have been filed by the wrong legal party.
Applicant identity is an important legal requirement in federal trademark prosecution. During USPTO trademark examination, an examining attorney may identify an applicant-related defect and require clarification or an appropriate correction. However, an application filed by a party that was not legally entitled to file generally cannot be rescued simply by substituting the correct party.
Applicant identity is an important issue in federal trademark prosecution. During USPTO trademark examination, an examining attorney may question whether the application identifies the proper applicant. If the application was filed by a party that was not legally entitled to file, the defect generally cannot be corrected merely by substituting another applicant.
Can You Correct the Owner’s Name in a Trademark Application?
Sometimes—but there is a critical distinction between correcting the identity or name of the correct applicant and substituting a different owner.
Under 37 C.F.R. § 2.71(d) and TMEP §§ 1201.02(b)–(c), certain mistakes in how the correct applicant was identified may be amendable.
For example, a clerical mistake, misdescription, or other error in stating the name of the party that actually owned the mark may sometimes be correctable.
But if Party A filed the application and Party B actually owned the trademark on the filing date, the USPTO generally does not permit the application to be rescued merely by replacing Party A with Party B.
The practical rule is:
Correct owner, incorrectly identified: potentially correctable.
Wrong owner entirely: potentially fatal.
That distinction is why trademark ownership should be confirmed before filing.
When an examining attorney identifies a problem with applicant information, the USPTO may issue an Office Action requiring a response. Whether the problem can be corrected depends on the nature of the defect. Our guide to USPTO trademark Office Actions explains how examining attorneys raise legal refusals and procedural requirements and how applicants can respond.
When an examining attorney identifies a correctable applicant-identification issue, the USPTO may issue an Office Action requiring clarification or amendment. However, not every ownership defect is correctable. Our guide to trademark Office Actions explains how applicants can respond to USPTO procedural requirements and substantive refusals.
Can Two People Own a Trademark?
Yes. Two or more people or legal entities can jointly own a trademark.
The USPTO recognizes joint applicants and joint owners. TMEP § 803.03(d) provides that an application may be filed in the names of joint applicants or joint owners.
When a trademark is jointly owned, the application should identify each joint applicant and provide the required citizenship or organizational information for each.
Joint ownership can create additional issues involving control, licensing, enforcement, transfers, settlement decisions, and division of proceeds. For that reason, co-owners should ordinarily have a written agreement defining their respective rights and responsibilities.
Can a Parent Company, Subsidiary, or Related Company Use the Trademark?
Yes. Trademark ownership does not always require the owner itself to make every sale or directly perform every service.
Section 5 of the Lanham Act permits qualifying use by a related company to benefit the trademark owner. See 15 U.S.C. § 1055.
The critical issue is control over the nature and quality of the goods or services.
TMEP § 1201.03 explains that when a mark is used by a related company, the use can inure to the benefit of the party that exercises the required control. That controlling party may be the trademark owner.
This rule commonly matters in:
licensing relationships;
franchises;
parent-subsidiary structures;
affiliated businesses; and
manufacturing or distribution arrangements.
However, entities are not automatically treated as a single trademark owner simply because they have common shareholders, directors, officers, addresses, or corporate parents. The ownership and control relationship must be analyzed.
Can a Licensee Use a Trademark Owned by Someone Else?
Yes. A trademark owner can permit another party to use its trademark through a license.
The owner’s rights can be maintained through use by a controlled licensee when the owner exercises sufficient control over the nature and quality of the goods or services offered under the mark.
The licensee’s use may then inure to the benefit of the trademark owner.
Trademark licensing therefore illustrates an important ownership principle:
The party physically using the trademark is not always the legal owner. Control matters.
A licensing arrangement that fails to preserve adequate quality control, however, can create significant trademark risks.
What Does “Use in Commerce” Mean for Trademark Ownership?
Federal trademark law defines “use in commerce” as bona fide use of a mark in the ordinary course of trade, rather than use made merely to reserve rights in a mark. See 15 U.S.C. § 1127. Use is just one of the requirements for federal trademark registration.
For goods, qualifying use generally requires the mark to be placed on the goods, packaging, labels, tags, displays associated with the goods, or other qualifying materials, together with the required commercial sale or transportation.
For services, the mark must be used or displayed in the sale or advertising of the services, and the services must actually be rendered in qualifying commerce.
Trademark use matters to ownership because ownership and priority frequently depend on who has established legally significant trademark use and who controls the resulting goodwill.
Does the First Person to Think of a Trademark Own It?
No. Merely thinking of a brand name, phrase, or logo usually does not create trademark ownership. A person can conceive of a trademark without acquiring enforceable trademark rights in it. In the United States, ownership and priority generally turn on legally significant trademark use, subject to federal filing rules, intent-to-use priority provisions, and other applicable law.
Trademark law protects source-identifying rights, not merely ideas for words or designs.
Inventing a business or brand name is therefore different from acquiring trademark rights in that name. Before registering a business or brand name, a business seeking federal protection should evaluate the name’s availability, source-identifying function, proper applicant, and filing basis.
That is why simply creating a name, buying a domain, forming an LLC, or reserving a social-media handle does not necessarily establish superior trademark rights.
The same principle applies to trademarking a slogan or phrase. Merely writing or inventing a slogan does not necessarily establish trademark rights. The phrase must satisfy applicable trademark requirements, including functioning as a source identifier.
Does Federal Registration Create Trademark Ownership?
Federal registration provides substantial legal benefits, but trademark rights can exist before registration.
In the United States, trademark rights can arise through qualifying use even without a federal registration. These are commonly called common-law trademark rights.
Because common-law trademark rights can arise through qualifying commercial use, a business may acquire enforceable rights in a name without first paying to file a federal application. Those rights are not equivalent to federal registration and depend on the relevant use, priority, and geographic circumstances. Our guide to How to Trademark a Name for Free explains how common-law protection works and its limitations.
Federal registration can significantly strengthen protection by providing statutory rights and procedural benefits, but registration should not be confused with the initial act of creating all trademark rights.
This is also why a comprehensive trademark search must look beyond identical federal registrations. Earlier unregistered users can sometimes possess legally significant rights.
How Is Trademark Ownership Different From Copyright Ownership?
Trademark ownership and copyright ownership protect different legal interests.
Trademark law protects source identifiers that distinguish goods or services. Copyright law protects qualifying original expression, such as artwork, photographs, written material, music, or graphic designs.
A logo can potentially involve both forms of protection. One party might own copyright rights in the artwork while trademark rights in the logo belong to the business using and controlling the logo as a source identifier.
Copyright ownership of a design does not automatically determine trademark ownership.
A business may own trademark rights in a logo without necessarily owning the copyright in its underlying artwork. For example, an independent designer may initially own copyright in an original logo, while a business acquires trademark rights through qualifying use of the design as a source identifier. Employment relationships, agreements, assignments, and other facts may affect these rights.
Our guide to trademark ownership vs. copyright ownership explains the legal differences and when both forms of protection may be relevant.
For businesses commissioning or developing logo designs, copyright ownership and trademark ownership should be considered separately. Our guide to registering a logo as a trademark explains how to identify the proper applicant, select the appropriate filing format, and seek federal protection for a logo used as a source identifier.
Can Trademark Ownership Be Transferred?
Yes. Trademark rights can generally be transferred through a legal transaction called an assignment.
Under 15 U.S.C. § 1060, a registered trademark or pending trademark application may be assigned with the goodwill of the business connected with the trademark, subject to the statute’s requirements.
An assignment should identify the parties and clearly transfer the relevant trademark rights and associated goodwill.
Intent-to-use applications require special attention. Section 10 of the Lanham Act restricts assignments of Section 1(b) applications before an allegation of use has been filed, except in specified successor-to-the-business circumstances.
TMEP Chapter 500 addresses changes in trademark ownership and assignment procedures.
An assignment differs from correcting an application that named the wrong owner from the beginning. A valid later transfer cannot necessarily cure a defective filing made by a party that never owned the mark.
Does Selling a Business Transfer Its Trademarks?
Trademark ownership should be expressly addressed when a business is sold.
A trademark represents goodwill associated with the branded business, and 15 U.S.C. § 1060 governs assignment of registered marks and pending applications together with the relevant goodwill.
Asset-purchase agreements, stock transactions, mergers, reorganizations, and other business transactions can affect ownership in different ways.
Business owners should therefore verify the trademark chain of title as part of any sale, acquisition, investment, or restructuring.
How Do You Find Out Who Owns a Federal Trademark?
You can investigate the recorded ownership of a federal trademark through USPTO records.
A practical process is:
Search for the trademark in the USPTO Trademark Search system.
Open the relevant application or registration record.
Review the Current Owner(s) Information in the USPTO’s Trademark Status and Document Retrieval system (TSDR).
If ownership has changed, review the USPTO’s Assignment Search records to investigate recorded transfers and chain of title.
TSDR displays current owner information for trademark applications and registrations. For a complete recorded chain of title, USPTO guidance directs users to its assignment records.
A database listing should not always be treated as the final answer to a disputed ownership question. Recorded information, contractual ownership, actual use, assignments, related-company relationships, and defects in chain of title may require further analysis.
For a full explanation of how to search trademarks, read our comprehensive guide to How to Do a Trademark Lookup.
What Rights Does a Trademark Owner Have?
A trademark owner’s rights depend on the mark, the goods or services, priority, geographic scope, registration status, and the surrounding marketplace circumstances.
Trademark ownership does not give someone an unlimited monopoly over a word or phrase in every context.
Instead, trademark law generally allows an owner to prevent uses that violate the owner’s trademark rights—for example, uses likely to cause consumer confusion as to source, sponsorship, affiliation, or approval.
A federal registration can provide additional nationwide statutory benefits, subject to the Lanham Act and the scope and validity of the registration.
This is more precise than saying that a trademark owner has an absolute exclusive right to use a term “in an industry.”
Why Is Correct Trademark Ownership Important?
Correct ownership affects the validity, registration, maintenance, transfer, licensing, and enforcement of trademark rights.
Ownership matters when:
filing a USPTO application;
submitting statements of use;
maintaining a federal registration;
licensing a trademark;
selling a business;
transferring the brand to an LLC or corporation;
enforcing the trademark against an infringer; and
documenting chain of title during financing or an acquisition.
A trademark application is a legal filing. The identity of the applicant should therefore be determined before the application is submitted—not treated as a clerical detail afterward.
How Do You Determine Who Owns a Trademark Before Filing?
Before filing a federal trademark application, confirm the identity of the party legally entitled to apply for registration.
- Identify the business using the trademark. Determine which person or entity offers the goods or services under the mark.
- Determine who owns and controls the brand. Review which party controls the nature and quality of the goods or services and owns the associated goodwill.
- Review business formation and ownership records. Determine whether the trademark belongs to an individual, LLC, corporation, partnership, or another entity.
- Review licenses and related-company relationships. Use by a controlled licensee or related company may benefit the trademark owner.
- Confirm the filing basis. A Section 1(a) application must identify the owner, while a Section 1(b) application must identify the party with the required bona fide intent to use the mark in commerce.
- Verify assignments and transfers. Determine whether ownership changed and whether the applicable transfer requirements were satisfied.
- Confirm the correct legal name and entity type. Check the applicant information before submitting the application.
Bottom line: The proper trademark applicant must be determined from the actual legal and commercial relationships—not simply the name of the founder, designer, or person submitting the application.
What Trademark Ownership Mistakes Cause the Most Problems?
The most serious ownership mistakes tend to occur when the trademark filing does not match the actual business and ownership structure.
Common problems include filing personally when an existing company actually owns the mark, filing in the name of a business that has not yet been legally formed, assuming an officer automatically owns a corporation’s trademark, failing to identify all joint owners, confusing a DBA with a separate legal entity, assuming commonly owned companies are automatically interchangeable, and attempting to use an assignment to repair an application that was invalid when filed.
Another common mistake is assuming that whoever designed a logo or invented a name necessarily owns the trademark. Creation of the brand element and ownership of trademark rights are separate questions.
What I See Go Wrong Most Often With Trademark Ownership
One of the most consequential trademark filing mistakes is treating the identity of the applicant as an administrative detail rather than a legal requirement.
A founder may personally create a brand while an LLC operates the business and owns the associated trademark rights. If the founder files a use-based application personally (i.e., signs their name as the applicant), the filing may identify the wrong legal owner.
The key question is not who created the brand or who is completing the application. It is which person or entity actually owns the trademark rights—or, for an intent-to-use application, possesses the required bona fide intent to use the mark.
Trademark Ownership Examples
| Situation | Likely Ownership Issue |
|---|---|
| Individual operates the business personally and uses the mark | The individual may own the trademark. |
| Existing LLC operates the business and controls the brand | The LLC may be the proper owner. |
| Corporation owns the brand but its president files personally | Potential wrong-applicant problem. |
| Two founders jointly own and control the brand | Joint ownership may apply. |
| Company licenses its mark and controls the licensee's goods | Licensee use may inure to the owner's benefit. |
| Parent owns the mark and subsidiary uses it under control | Related-company rules may apply. |
| Business sells the brand and associated goodwill | Trademark rights may be transferred by assignment. |
| Founder plans to form an LLC later | Filing strategy and ownership should be resolved before filing. |
The exact result depends on the facts. Ownership should be determined from the actual legal and commercial relationship rather than from job titles or assumptions.
Trademark Ownership: Related Guides
Trademark ownership raises different legal questions depending on who uses the mark, how the business is organized, and who files the application. These related guides explain how ownership affects federal trademark registration and the protection of trademark rights.
Frequently Asked Questions About Trademark Ownership
Q: Who legally owns a trademark?
A trademark is generally owned by the person or legal entity that owns the trademark rights and associated goodwill and controls the nature and quality of the goods or services offered under the mark.
Q: Can a person own a trademark?
Yes. An individual can own a trademark when the individual, rather than a separate business entity, owns the trademark rights.
Q: Can an LLC own a trademark?
Yes. The USPTO recognizes an LLC as a legal entity capable of owning and applying to register a trademark. See TMEP § 803.03(h).
Q: Can two people own the same trademark?
Yes. The USPTO permits joint trademark applicants and joint owners. Each joint applicant must be properly identified in the application. See TMEP § 803.03(d).
Q: Does the person who creates a trademark automatically own it?
No. Creating or thinking of a name, phrase, or logo does not by itself establish trademark ownership. Trademark ownership depends on trademark rights, use, control, goodwill, agreements, and other relevant facts.
Q: Does an LLC automatically own the business name as a trademark?
No. Forming an LLC or registering a business name does not itself create federal trademark rights.
Q: What happens if the wrong person files the trademark application?
If the application was filed by a party that was not legally entitled to file it on the filing date, the application may be void. The USPTO generally does not permit substitution of an entirely different owner to cure that defect. See TMEP § 1201.02(b).
Q: Can the name of a trademark owner be corrected after filing?
Sometimes. Certain errors in identifying or naming the correct applicant can be corrected. That is different from replacing an applicant that never owned the trademark with the actual owner.
Q: Can a trademark owner transfer the trademark to an LLC?
Generally, yes. Trademark rights can be transferred through an assignment that complies with applicable law, including requirements concerning the goodwill associated with the mark. Special restrictions apply to certain intent-to-use applications.
Q: How do I check who owns a registered trademark?
Review the trademark’s USPTO TSDR record for current owner information. For recorded ownership transfers and chain-of-title information, review the USPTO’s Assignment Search records.
About the Author
Michael E. Kondoudis
U.S.-Licensed Trademark Attorney · USPTO-Registered Patent Attorney (Reg. No. 42,758) · Founder and Principal
Michael E. Kondoudis is the founder and principal of The Law Office of Michael E. Kondoudis®, a Washington, DC-based law firm focused on federal trademark matters. He helps businesses and entrepreneurs search, register, protect, and enforce trademarks before the United States Patent and Trademark Office. His practice includes trademark clearance, federal applications, USPTO prosecution, Office Action responses, registration, maintenance, and enforcement.
Learn more about Michael E. Kondoudis →Filing a Trademark? Make Sure the Right Party Owns It.
Identifying the correct trademark owner is an important part of federal trademark filing. An application filed by the wrong party can create defects that may not be correctable.
Talk with Michael E. Kondoudis about your trademark ownership structure, applicant identity, filing basis, and registration strategy before submitting your application.
Is Your Trademark Available?
A comprehensive clearance search can identify potentially conflicting federal, state, and common-law marks before you invest in filing or launching the brand.
What Should You Protect?
A name, phrase, logo, or other brand element may require a different filing format and protection strategy. In some cases, separate applications may be appropriate to protect different brand elements.
How Should You File Your App?
The owner, goods and services, trademark classes, filing basis, mark format, and specimen can affect USPTO examination and the scope of protection.
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Book a Free Strategy Call 20 minutes. No pressure. No obligation. For businesses and entrepreneurs planning to file within approximately 30 days · Flat-fee options available.Primary Citations Referenced
15 U.S.C. § 1051(a) and (b) — Federal applications based on use in commerce and bona fide intent to use.
15 U.S.C. § 1055 — Use of trademarks by related companies.
15 U.S.C. § 1060 — Assignment of trademarks and pending applications.
15 U.S.C. § 1127 — Definitions of “trademark,” “person,” “related company,” and “use in commerce.”
37 C.F.R. § 2.71(d) — Restrictions on amendments that change the applicant.
TMEP § 803.01 — Who may apply for federal trademark registration.
TMEP § 803.03(d) — Joint trademark applicants and owners.
TMEP § 803.03(h) — Limited liability companies as trademark applicants.
TMEP § 1201 — Ownership of marks.
TMEP § 1201.02 — Identifying the trademark applicant.
TMEP § 1201.02(b) — Applications filed in the name of the wrong party.
TMEP § 1201.02(c) — Correctable and non-correctable applicant-identification errors.
TMEP § 1201.03 — Use of a trademark by related companies.
TMEP Chapter 500 — Changes of ownership and assignments.
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