Who can Apply for a Trademark?

Who Can Apply for a Trademark?

Anyone who claims to be the rightful owner of a trademark can apply for its registration, as long as they are either using it or intend to use it. Only the legal entity that owns the trademark can submit the application. If someone is signing on behalf of the owner, they must specify their authority to do so.

Applicants can be either individuals or legal entities. Legal entities include any bodies with the legal capacity to sue or be sued.

Under trademark law, both individuals and incorporated entities are considered “persons.” An individual validates a legal document by their signature, while a corporate body typically uses a seal. However, authorized officials can sign on behalf of a corporate entity.

Partnerships

Partnerships can own trademarks and apply to register them. The application must list the full names of all partners and must be signed by all of them or by a partner authorized to sign on behalf of the partnership.

Joint Ventures

In a joint venture where two or more legal entities collaborate, they can register a trademark for use solely within that venture. In this case, the application must be signed by all members or by someone authorized to represent the joint venture.

Government and Other Official Bodies

Government departments, municipalities, organizations created by the State, and similar entities with government authority can apply to register trademarks they own.