How the Smallest Detail Becomes the Biggest Pitfall in Trademark Applications

Filing a federal trademark application in the U.S. requires careful attention to a number of details, including obvious components, like the configuration of the mark and the nature of the goods and/or services on which it is being used or will be used. Of the numerous elements that go into the application, there are certain “routine” details that can be easily overlooked. One such “inconsequential” detail, if handled improperly, can doom a trademark application and any resulting registration. The culprit: designation of the mark’s owner. Most trademark applicants will recognize that a trademark’s owner is a fundamental characteristic of that mark. However, far fewer recognize the legal meaning of that designation or the consequences for getting it wrong. Because various assets of a business are often exchanged, held or acquired at will as between related entities, partners and stakeholders, it’s only natural that a business owner would…

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