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Filing a Trademark Application – Owner of the Mark

trademark application formThis post is the third part of a multi-part series about how to file a trademark application electronically at the U.S. Patent and Trademark Office. You may want to review these prior posts before proceeding:

Part 1 – How to File a New Trademark Application

Part 2 – Getting Prepared to File a Trademark Application

Now it’s time to get into the serious business of correctly filling out the applicant information of your trademark application.

Entering the Owner Information

This next screen is for the Applicant Information to be entered, starting with the owner of the mark. The blue text for these various fields of information represents a link to help, so click on them if you have any questions.

Video – Trademark Applicant Information

– produced by the U.S. Government

With regard to the Owner of the mark, make sure that you are thinking about this in the right way. Who is your business? Are you a sole proprietorship? If so, then you would enter your own name in this field. However, if you have formed and LLC, Partnership, or Corporation, then you will want to consider making that entity the owner of your trademark. Remember that you must declare that the owner is “using” the mark to get a registration. So think about who or what business is actually going to “use” the trademark.

In my example below, the owner of the mark is a LLC. The legal name of the LLC according to the Georgia Secretary of State is ConceptSell LLC. Thus, this is the exact name that I enter in the field. Notice that I do not include a comma between ConceptSell and LLC. This is because the legal name does not include a comma. Every detail counts. After you enter the owner name, it’s time to complete the rest of the page.

Select your entity type. If you are not sure, then you may refer to the online help, or you may want to consult with your attorney or accountant. In my example, I will select Limited Liability Company. When I make this selection, the fields on the right change to allow me to select the state where the LLC was legally organized, which in my case is Georgia.

trademark application filing screen 06

Enter the Owner Contact Information

After entering the entity information, complete the required fields and any other information that  applies for the owner including the address, city, state, country, and zip code. I recommend entering the phone number, fax number and email address also, especially if you are filing the application pro se. The USPTO has recently added the website address field to the form, so I entered the business website address that applies for the owner of the mark, which is http://www.conceptsell.com.

trademark application filing screen 07Once you are satisfied with the accuracy of the information that you have entered. Click on the Continue button. Or, if you happen to have a joint owner of the mark, you can add another owner. I highly recommend seeking legal counsel if you think your situation involves more than one owner of the trademark. There are likely a myriad of legal issues to be considered with joint ownership.

Next, go to Part Four, Entering Your Mark, in this series on how to file a trademark application electronically at the U.S. Patent and Trademark Office.

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