A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong owner of a trademark on an application, other than starting the entire process over. Whether you are an individual, own your own business, are in a partnership, or belong to any entity that has multiple members or owners, listing the correct owner of the mark is a very important requirement in securing a trademark registration.  

How is a Trademark Owner Defined?

A trademark owner is an individual or entity that maintains control over the use of the mark and the products and services that are used in association with the mark. If you are seeking registration for a mark that you have not yet started using, you would be filing an application based on your intent to use the mark in commerce. In this case, the proper owner of the mark is the individual or entity that has a bona fide intent to use the mark. Generally, an application cannot be filed by one party on behalf of another party.

How Should Trademark Owners Be Listed on an Application?

When you are filing a trademark application, it is crucial to set out your name in its correct legal form. In determining whether you should list yourself individually or your entity as the trademark owner, you must consider the nature of your business and its corporate structure, i.e. whether it is sole proprietorship, corporation, partnership, etc… While trademark ownership can take various forms, the most common scenarios for determining proper trademark ownership are as follows: 

1. Individuals who do not own a business
2. Individuals who are sole proprietors or the sole member of an LLC
3. Partnerships
4. Multiple individual owners of a single mark
5. Corporate entities.

If you are an individual with no business entity, you would include your full name, country of citizenship, and other identifying information on the application. If you own a business and are the only owner, under certain circumstances, you may consider listing the owner of the application as yourself as an individual or your business. There are several considerations in making this determination. For example, if the trademark is owned by your business, it may be considered an asset of your business and factored into the valuation of your business. If you are an individual doing business under an assumed name designation, your name should be set forth, followed by an assumed name designation (e.g., d.b.a., a.k.a., or t.a.) and the assumed business name.

Multiple individuals may apply as joint owners of a mark, however, there are other considerations regarding joint ownership that should be discussed with an experienced trademark attorney before filing.

A partnership organized under a business name may list the owner of the mark as the business name. Partnerships should state the names, legal entities, and national citizenship (for individuals), or state of incorporation or organization of all general partners that compose the partnership. 

If the owner of the mark is a corporation, then the applicant’s name will be the corporation’s official corporate name. The trademark application must also specify the type of business or legal entity and the state or country under whose laws the entity is organized.

If you are the sole member of an LLC, you may list yourself or the LLC as the owner of the application as long as you maintain control over the use of the mark and the products and services that are used in association with the mark. If you are a member of an LLC with multiple members, in most situations, the LLC should be listed as the owner of the mark.

Speak With an Experienced Trademark Lawyer 

If you need guidance on who should be listed as the proper trademark owner on your trademark application, it is a good idea to consult with a trademark attorney.