TM Newsflash 04: Applicant Information
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Uploaded on Sep 29, 2011
This video focuses on what is meant by the term "applicant." Faliure to understand this concept and a failure to identify the "applicant" correctly in the application may result in a void application.
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Uploader Comments (USPTOvideo)
Alicia White 7 months ago
Thank you for clarifying this process. I have a subsidiary operating under an LLC. If the LLC is ever sold or transferred to another owner, I personally want to maintain any rights/trademarks created for the subsidiary. So I assume I should register these trademarks as an individual rather than the LLC. Any advice before I move forward I appreciated.
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USPTOvideo 7 months ago
@Alicia White
The USPTO is not allowed to provide legal advice, but we can give some procedural information. If you own the trademark, register it in your name, and license it to your subsidiary LLC for its use, the rights remain with you if the LLC is ever sold or transferred (subject to the terms of the license). If the subsidiary LLC owns the trademark, however, the trademark should be registered with the LLC as the owner; you would not retain rights if the LLC is sold or transferred.
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LiveNEffect 8 months ago
What if 3 people want to own a mark but have no legal partnership
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USPTOvideo 8 months ago
The 3 people would be considered “Joint Applicants.” After the first person fills in the “Applicant Information” section of the TEAS form, click the button at the bottom of the page to “Add Owner.” After the second person completes the “Applicant Information” section, click “Add Owner” again to add the third person.
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USPTOvideo 1 year ago
@firetolight
The second applicant should select the entity type appropriate to what it is. For example, if you and another individual are applying together as “joint applicants,” you’d each select “individual” as your entity type. To ensure the record is clear that you are “joint applicants,” you may wish to include the following statement in the Miscellaneous Statement portion of the Additional Statements section of the application: “The applicants are Joint Applicants.”
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All Comments (8)
Alicia White 7 months ago
I appreciate the procedure on this very much!
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firetolight 1 year ago
In the joint applicants section, the first named applicant checks "individual". Does the second applicant also check "individual", or "joint application"?
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Jerry Gonzales 1 year ago
Excellent info.
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