Trademark FAQs - related questions & answers

Question: Can a minor file a trademark application?

Answer:
This depends upon state law. If the person can validly enter into binding legal obligations in the state, then that person may sign a trademark application. Otherwise, a parent or legal guardian must sign the application.

Question: Do you need to be a corporation to obtain a trademark?

Answer:
No. The trademark applicant is the one who owns the mark. Normally the person who produces the goods or who renders the services related to the mark controls the use of the mark.

Question: How different does one trademark have to be from another?

Answer:
After an application is filed, the assigned examining attorney will search the USPTO records to determine if a conflict exists between the mark in the application and another mark that is registered or pending in the USPTO.
 

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