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What is a Trademark Owner?

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  • Written By: G. Wiesen
  • Edited By: Heather Bailey
  • Last Modified Date: 14 November 2016
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    Conjecture Corporation
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A trademark owner is someone who owns a trademark on a particular name, logo, image, or phrase associated with the identity of or services offered by a business. This is usually a person who owns a business, holds a high position within a company, or has been given power by a company to represent it in terms of trademark ownership. The person identified with ownership of a trademark is usually the one who files for official registration of a trademark or whose name is on the paperwork. A trademark owner has a number of rights due to his or her ownership and can utilize the intellectual property in a number of ways.

Trademarks are typically established for the names and logos of businesses and services or merchandise that a company may provide or produce. A trademark owner is therefore usually a person who owns a company for which a trademark is established or is the person who officially files for registration of a trademark. To some extent, a trademark can be established simply by using a name or image in business, and the person who owns the company establishing this type of trademark would be the trademark owner. When a trademark is registered with a government agency, such as the US Patent and Trademark Office, then the person whose name is on the official paperwork is usually the owner.

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Registration of a trademark involves paying a fee and filing paperwork that indicates the particular trademark itself as well as how that mark will be used in business. When this paperwork is filed, it must be signed by a person who will act as the trademark owner once it is registered. For a small business, this is usually the owner. Larger companies, however, may establish a particular person who holds a high position within the company as a trademark owner.

A trademark owner has certain rights and responsibilities with regard to the trademark he or she owns. Anyone wishing to use the trademark typically needs to gain permission from the owner, and failing to do so could enable the owner to bring legal action against the person who has infringed upon the trademark. The owner of a trademark may also request royalties or other payment for use of that trademark by anyone else. A trademark owner may also need to keep track of when a trademark is registered and when that registration dies, so that a new trademark can be filed if needed to preserve legal protection of the mark.

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