Written by Igor Demcak
CEO & Legal Mind
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.
Would narrowing down the number of trademark classes reduce the scope of brand protection?
What happens if I receive a "likelihood of confusion" refusal?
Can I register a trademark if my company is not yet in business?
Does a successful registration in one country influence my chances in another?
What are my chances of overcoming a "merely descriptive" trademark refusal?
If my logo includes text, is the text also protected by the trademark?
Can I register a trademark in the Netherlands only, or do I have to go for the Benelux trademark?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
