Not sure who’s eligible to register a trademark? Whether you’re a solo entrepreneur, an international corporation, or planning to acquire rights later, understanding who can file a trademark application helps you secure your brand effectively.
For a full walkthrough of filing steps, see How Do I Trademark a Name?.
1. Natural Persons (Individuals)
Any person operating a business or offering goods and services can file for trademark protection in their personal name.
Eligible Individual Applicants
- Sole proprietors running unincorporated businesses
- Freelancers offering professional services
- Artists and creators selling original works
- Inventors commercializing their innovations
- Independent contractors building personal brands
- Influencers and content creators monetizing their personal brand
Requirements for Individual Applicants
When filing as an individual, you must provide:
- Full legal name as it appears on official documents
- Current residential or business address
- Proof of use in commerce or bona fide intent to use the mark
- Valid identification and contact information
Example
A freelance graphic designer named Sarah Johnson can apply for a trademark on her business name "Johnson Creative Solutions" and her distinctive logo, filing under her personal name as the trademark owner.
2. Legal Entities (Companies & Organizations)
All legally recognized business structures can file trademark applications, making this the most common category of applicants.
Eligible Business Entities
- Corporations (C-Corp, S-Corp, B-Corp)
- Limited Liability Companies (LLCs)
- Partnerships (general and limited partnerships)
- Non-profit organizations (NGOs)
- Professional associations
- Cooperatives and mutual organizations
- Government entities and agencies
Requirements for Business Applicants
Business entities must provide:
- Registered company name exactly as filed with government authorities
- Company type designation (Inc., LLC, Ltd., etc.)
- Principal place of business address
- Incorporation or formation documents (required in some jurisdictions)
- Tax identification number or business registration number
Example
Tech startup ""InnovateTech LLC"" can apply for trademark protection on their company name, product names like "SmartSync," and their distinctive logo, filing as a limited liability company.
3. Assignees & Licensees
Both assignees (who purchase trademark rights) and licensees (who are granted permission to use trademarks) can apply under specific circumstances.
Trademark Assignees
When trademark rights are sold or transferred, the new owner (assignee) becomes eligible to apply for registration or maintain existing registrations.
Requirements for Assignees:
- Clear Assignment Deed documenting the transfer of rights
- Updated ownership information filed with the trademark office
- Proof of consideration (payment or other valuable exchange)
- Power of Attorney if using legal representatives
Trademark Licensees
Licensed users may apply for trademark registration in specific situations, typically when they have exclusive licensing rights or when the original owner grants permission.
Requirements for Licensees:
- Written license agreement specifying rights and obligations
- Permission from trademark owner to file application
- Clear documentation of the licensing relationship
Example
When ABC Company sells its ""SuperClean"" trademark to XYZ Corporation, XYZ becomes the assignee and can file for trademark registration or renewal under their name after completing proper assignment documentation.
4. Legal Representatives & Agents
Licensed attorneys and registered trademark agents can file applications for clients, particularly important for foreign applicants or busy business owners.
When Representatives Are Used
- Foreign applicants requiring local representation
- Complex applications needing legal expertise
- Busy business owners preferring professional handling
- Multi-jurisdictional filings requiring coordination
Requirements for Representative Filings
- Signed Power of Attorney compliant with local trademark office requirements
- Agent's credentials including registration number and contact details
- Clear identification of the actual trademark owner
- Proper authorization documentation
Example
A Japanese company wanting trademark protection in the United States must work with a licensed U.S. attorney who files the application on their behalf using a properly executed Power of Attorney.
5. Heirs & Executors
Trademark rights can be inherited, allowing heirs and estate executors to maintain and file for trademark protection.
Inheritance of Trademark Rights
Trademarks are considered intellectual property assets that can be passed to heirs through:
- Wills and estate planning
- Intestate succession laws
- Trust arrangements
- Business succession planning
Requirements for Heirs and Executors
- Death certificate of the original trademark owner
- Proof of inheritance (will, court documents, or succession certificate)
- Updated ownership records with the trademark office
- Executor authorization if filing through estate representatives
Example
When a successful restaurant owner passes away, their children can inherit the trademark rights to the restaurant name and logo, allowing them to continue operating the business and maintain trademark protection.
Foreign Applicants
Most trademark systems allow foreign individuals and businesses to apply for protection, though specific requirements vary by jurisdiction.
Foreign Applicant Options
- Direct filing in the target country
- Madrid Protocol for international registration
- Paris Convention priority claims
- Regional systems like the European Union Intellectual Property Office
Requirements for Foreign Applicants
- Local legal representation (required in many jurisdictions)
- Translated documents in the official language
- Proof of foreign registration or application (if claiming priority)
- Power of Attorney for local representatives
Example
A German software company can apply for U.S. trademark protection by working with a licensed U.S. attorney, providing translated incorporation documents and executing a proper Power of Attorney.
Who Cannot Apply for Trademark Protection
Understanding who can apply for a trademark also means knowing who cannot apply:
Ineligible Applicants
- Minors without legal guardian representation
- Bankrupt entities without court approval
- Dissolved companies that haven't been properly reinstated
- Individuals lacking legal capacity without proper guardianship
- Entities engaged in illegal activities related to the trademark use
Restricted Applications
- Generic terms that cannot be trademarked
- Purely descriptive marks without acquired distinctiveness
- Offensive or immoral content rejected by trademark offices
- Government symbols or official insignia
- Marks creating likelihood of confusion with existing registrations
To read more about this topic, visit What Can and Cannot be Trademarked?
Ready to apply for trademark protection? Consider consulting with profesional trademark services who can evaluate your eligibility, prepare your application correctly, and maximize your chances of successful registration.
English
