Eurimark, Should I apply in my own name or in the name of my company or corporation?

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Should I apply in my own name or in the name of my company or corporation?

The owner of a trademark is the legal person empowered to prevent third parties from using the same or a similar name for identical or similar products or services.
The Owner has to use the trademark in the three to five years following its registration (depending on the national legislation(s)).

You can file and register the trademark in your own name or you can register it under your corporate/ company name. The decision depends on the way in which you would like the ownership to be maintained. As mentioned above, the owner should be the real user of the trademark:

• if you intend to use the trademark by yourself, then apply in your own name;

• if your company will use the trademark, you may apply in your company name or in your name, depending on the circumstances.

You can also create a specific company for holding your IP rights and your trademark application(s): you can then licence (rent) your trademark right(s). We can help you in preparing and setting up such a holding company: please contact us for additional information.
In addition, should you decide to change ownership or assign the ownership, an assignment can be made. This assignment can be managed through your customer account.

When filing a trademark application under your company name, please complete the “incorporation form” field in the Owner’s data. Incorporation form or legal form, i.e. 'Incorporated', 'Sociedad Anónima', 'Aktiengesellschaft', for example, is required. The indication of the legal form may be abbreviated in a customary manner ('Inc.', 'S.A.' 'AG', etc.).

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