Back to Trademark ownership

Who should be the owner of a trademark?

Founder & Trademark Attorney

The trademark owner that makes the most practical sense is the entity will commercially use the mark. In most business contexts, that is the company. Trademark rights are tied to commercial use; if the owner is different from the user, a license agreement is needed to legitimize that arrangement, which adds administrative complexity and potential exposure if the license is not properly documented.

Individual ownership is appropriate where the company does not yet exist or where personal control of the brand is strategically important.

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One of the most common reasons for trademark disputes has to do with the perceived similarity between existing trademarks. The two trademarks are considered “similar” if they share common characteristics connected to their appearance, sound, meaning and commercial impression, and if they are used for related goods or services. This is seen as a problem from brand perspective because the consumers might believe that the owners of the two trademarks are related, affiliated, connected, or that the goods or services originate from the same source.

Stories of our clients: Eonce chocolate

“We focus on making simple and delicious chocolate, ethically sourced and without additives. That’s the real alchemy where you take something that does not exist and turn it into a reality that people can see, taste, touch and smell.” Jose and Julie first met in Culinary School in Seville and it has been their dream come true to establish Eonce Chocolate, a delicious brand proudly protected by Trama.