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How does common ownership between multiple trademarks affect their registrations?




Establishing common ownership between multiple trademarks can be a strategic move, particularly when facing challenges such as 'likelihood of confusion' rejections from the United States Patent and Trademark Office (USPTO). Common ownership implies that all trademarks in question are owned by the same entity or related entities, which can significantly mitigate concerns about potential consumer confusion.


Demonstrating common ownership between trademarks is crucial when similar marks are used for related products or services. It assures the USPTO that a controlled and unified source is behind the marks, reducing the risk of consumer confusion. It's particularly relevant in overcoming objections based on the 'likelihood of confusion' with previously registered marks.


How may common ownership between multiple trademarks be demonstrated?

The key to establishing common ownership lies in providing clear, unequivocal evidence. This evidence may include:

  1. Corporate formation documents, such as incorporation articles confirming that the same corporate entity holds the trademarks.

  2. Business records that illustrate the relationship between the entities owning each mark, such as shared addresses, management, or financial ties.

  3. Licensing Agreements that demonstrate control over the use of the marks where related but separate entities own trademarks.


What strategies may be employed to illustrate common ownership between multiple trademarks?

The key to illustrating common ownership is demonstrating that a single source provides the goods and services under the trademarks. Strategies to illustrate common ownership may include:

  1. Consolidating ownership of the trademarks under a single entity simplifies the process and provides a straightforward case for common ownership.

  2. Demonstrating a cohesive and consistent branding strategy across the trademarks can reinforce the notion of a single source or origin, further supporting the claim of common ownership.

  3. Submitting sworn statements from corporate officers or legal representatives outlining the ownership structure and the relationship between the trademarks can be a persuasive form of evidence.


Do you need advice on the prosecution of a trademark application?

Demonstrating common ownership between trademarks is a strategic approach that can play a pivotal role in successfully registering a trademark, particularly in overcoming a 'likelihood of confusion' rejection.


To discuss the prosecution of your trademark registrations, contact TCP Law at info@tcplawfirm.com or John Laurence by phone at 917-612-1059.

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John Laurence TCP Law, Trademark Patent Copyright Lawyer

TCP Law focuses on helping individuals and businesses develop, secure, and enforce their intellectual property rights.

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