A U.S. trademark application may be found to be void from the
beginning if it is filed in the wrong name.
A U.S. trademark application may be found to be void from the
beginning if it is filed in the wrong name.
It is common for a person to come up with an idea for a mark
that is intended to be used in a proposed business. That
person may develop and run the business himself or herself or may
enter into a business relationship with another person for that
purpose, whether or not formally documented. Later, either
the creator or the partners may form a limited liability company or
other entity to execute their business plan.
The time when an application is filed to register the mark in
the U.S. Patent and Trademark Office (USPTO) determines who is the
appropriate applicant.