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Who should be the owner of a trademark?

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Written by Jan Buza

Co-founder of Trama

A trademark can be owned by individuals, business entities, trusts, etc. It can have single or multiple owners. When choosing an owner, it is advisable to select an entity that will use the mark in commerce, which will most likely be a business and not an individual.

This is because, by definition, a trademark grants its owner the right to use the trademark in commerce and protect the brand against infringement in the context of goods and services provided by the owner and tied to the mark.

This implies that the entity using the trademark in commerce and producing said goods and services should be identical to the entity registering the trademark. Even though it's not a requirement, it's worth mentioning that registering a trademark as an individual increases the risk of the trademark being revoked due to lack of genuine use by the owner and generally requires more paperwork to prevent cancellation and carry out potential ownership transfers.

You can learn more about registering a trademark in personal vs business name in this article.

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