Applicant
The person or business that will own the registration.
The applicant must be whoever actually owns and controls the mark. Naming the wrong party - a founder personally when the company owns the brand, for example - is a defect that can invalidate a registration, and it is not always fixable later.
Why it matters to your application
Getting this wrong is one of the few defects that can invalidate a registration outright, and it is almost always an honest mistake - a founder filing personally when the company owns the brand, or an LLC filing for a mark its parent actually controls.
In order
- Identify who genuinely owns and controls the mark: who decides how it is used and whose quality standards apply.
- File in that exact legal name, matching the state records.
- If the owner is a company, make sure the company exists at the filing date. Filing for an entity not yet formed creates a defect.
- If ownership changes later, record the assignment with the USPTO rather than leaving the record stale.
How this plays out
A founder files personally because the LLC was still being set up. The LLC trades under the mark from day one. Years later, in a dispute, the ownership mismatch between the registration and the actual user becomes the first thing the other side attacks.
About applicant
Can I file in my own name and transfer it to my company later?
An assignment is possible, but filing in the wrong name creates a defect at the outset that an assignment does not always cure. Filing in the right name is far safer.
What if I have more than one business entity?
The applicant should be whichever entity actually controls the mark and the quality of the goods or services sold under it.
Can two people own a trademark together?
Yes, joint ownership is possible, but it complicates enforcement and later transfers. It is worth deciding deliberately rather than by default.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
FilingExamining attorney
The USPTO lawyer who reviews your application.
Filing