Who Can Register a Trademark?

Who Can Register a Trademark?

Who may file an application for federal trademark registration?

 

Only the owner of the trademark may file an application for trademark registration. An application
filed by a person who is not the owner of the mark will be declared void.

Generally, the person who uses or controls the use of the mark, and controls the nature and quality
of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

 

Non-U.S. Applicants

It is not a requirement that an applicant be a U.S. Citizen to obtain a federal trademark registration.

However, an applicant’s citizenship must be indicated in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be indicated in the Official Gazette and on the Certificate of Registration.

 

Filing by an attorney

Although it may be desirable to employ an attorney who is familiar with trademark matters, it is not a filing requirement. An applicant must comply with all substantive and procedural requirements of the Trademark Act and the Trademark Rules of Practice even if he or she is not represented by an attorney.

 

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