【美国商标注册常见问题】共有商标应如何申报？-柏斯特(深圳)国际知识产权服务有限公司

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How should a common trademark be declared in the United States?

Time: 2025-10-28 Click count: 700

Preface:

Many companies, when established, often have one or more people jointly investing, forming a partnership enterprise. Therefore, when a company needs to apply for a US trademark, partners will ask: This company was registered and established together, and the company is jointly owned by us. Can the trademark also be applied for as jointly owned? If possible, how should a jointly owned trademark be declared? If we want to transfer or license this trademark to others in the future, will the name of shared trademark affect the procedures?

In these few days' articles, we will address these issues and provide answers for you.

1、 How should a shared trademark be declared?

1. Declaration subject

A jointly owned trademark requires all co owners to submit an application together. When applying, identification documents of all co owners (such as passports, business licenses, etc.) must be provided, and the co ownership relationship and respective shares (if any) must be clearly defined. If it is jointly owned, there is no need to divide specific shares; If it is jointly owned by shares, the proportion of shares held by each co owner should be indicated.

2. Application process

Choose the application basis: Based on actual use, intention to use, country of origin application/registration, or Madrid International Registration Extension, and submit the corresponding materials according to the actual situation.

Fill out the application form: indicate in the application form that the trademark is a jointly owned trademark, and fill in the names, addresses, and other information of all co owners.

3 Core requirements for application documents

Applicant Name: Full names of all co owners must be listed

Signature requirements: All co owners must sign the application document (electronic signature accepted) or authorize a representative to provide written proof.

Evidence of use: It is necessary to prove that the trademark is jointly used by all co owners（ Such as shared websites, joint product packaging)

Application Basis:It is necessary to clarify that all co owners participate in commercial activities (based on Use in Commerce to Use)

4. Precautions

Mailing address: Specify a single mailing address (it is recommended to use a co agent lawyer address) to avoid confusion in information transmission.

Prohibition of Split Use: USPTO does not allow trademark rights to be divided by region, product or service category (e.g. A is responsible for North American sales, B is responsible for Asian sales).

That's all for today's content sharing

Tomorrow at the same time, we will continue to share with you other thingsFrequently Asked Questions and Answers for US Trademark Registration

If you have any other questions regarding intellectual property rights

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