Question: Who Can Apply To Register A Trademark?
Answer: The application for federal trademark registration must be filed in the name of the owner of the mark; usually an individual, corporation or partnership. The owner can submit the application for trademark registration, or be represented by an
attorney. An application filed by anybody else will be declared void.
Ownership
Generally, the person who uses or controls the use of the trademark, and controls the goods and services the trademark represents, is the owner of the mark.
Residency
Applicants not living in the United States must designate in writing the name and address of a person residing in the United States. The USPTO will send your domestic representative all notics and communications regarding your mark, unless you are represented by an attorney in the United States.
Minors
A minor can file for trademark registration depending upon state law. If the person can validly enter into binding legal obligations in their state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application, clearly setting forth their status as a parent or legal guardian of the applicant.
