If a joint trademark is mistakenly filled in as a single applicant in a US trademark application (such as only filling in oneself), the following remedial measures should be taken according to the application stage to avoid trademark invalidity or legal disputes:

1、 Take remedial measures based on the application stage

1. The application has not been submitted yet

① Immediate correction: approved before submissionUSPTOofTEASThe system fills out the application form again, in“Owner Information”Clearly list all co owners in the column, in the following format:

“[Name1] and [Name2], as co-owners”(Natural person) or

“[company1], a [state] corporation, and [company2], a [state] corporation, as co-owners”(Legal person).

② Attached is a joint statement:

All co owners need to signJoint Ownership DeclarationDeclaration of intention to jointly use and own the trademark.

2. The application has been submitted but has not passed the review

① SubmitSection 7Correction request:

passTEASofSection 7 Request”(Amendment application) Correct the applicant's information.

Need to provide:

Correction statement: Explain the reason for the error and have it signed by all co owners.

Proof of shared ownership: such as cooperation agreements, sales records of jointly used trademarks, or advertising materials.

② Supplementary affidavit: If the examiner questions the authenticity, submitSupplemental Affidavit（37 CFR§2.20）Explain unintentional errors to avoid being identified as fraud.

3. Trademark already registered

① SubmitPost-Registration Amendment：

useTEASofSection 7 RequestTo modify the registrant information, please provide:

Joint statement by all co owners: Agree to amend and confirm the co ownership relationship.

Legal documents: such as company articles of association, partnership agreements, or court judgments.

Review time:3-6The success rate depends on whether the evidence is sufficient.

② Re application: IfUSPTORefusing to make corrections, a new application must be submitted in the name of the co owner, and the original registration may be revoked due to "untrue statements".

4. Has triggered legal disputes

① Settlement agreement: Negotiate and sign an agreement with unlisted co owners, clarify co ownership rights, and submit amendments.

② Judicial confirmation: Apply to the federal court“Declaratory Judgment of Co-Ownership”According to the judgment, it is requiredUSPTORevise registration information.

2、 Key evidence and documents

1Proof of joint ownership:

① Written cooperation agreement (indicating trademark ownership clause).

② Invoices, website screenshots, product packaging, etc. for joint use of trademarks.

2Declaration file:

①Joint Ownership AgreementSpecify the rights, scope of use, and dispute resolution methods of co owners.

②Declaration of CorrectionAmendment statement signed by all co owners (notarized).

3Legal Opinion Letter:Issued by a trademark lawyer to confirm the legality of the joint ownership relationship.

3、 The consequences of uncorrected errors

1. Trademark invalidity:Co owners can rely on the Lanham Act§14(3)Application for Revocation of Registration (Case:University of Alabama Board of Trustees v. New Life Art, Inc.）.

2. Loss of compensation right:In infringement litigation, the defendant may claim that the plaintiff does not have complete ownership, resulting in the inability to obtain compensation（15 U.S.C.§1117）.

3. Internal disputes:Unlisted co owners may license or transfer trademarks without authorization, leading to shareholder lawsuits or partnership dissolution.

4、 Preventive advice

1Confirm ownership before application:

Sign a trademark co ownership agreement（Templatereference resources:USPTO Co-Ownership Guidelines）.

Verify the application information through a trademark lawyer.

2Regularly check registration information:

useUSPTOofTSDRThe system monitors the trademark status and updates changes in a timely manner (such as co owners exiting).

3Priority given to entity holdings:

Suggest using the company orLLCNominal application reduces the complexity caused by individual co ownership.

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