1. Ownership of marks -

Who may apply?

An application may be filed by any person or legal entity that uses or intends to use a mark in connection with goods sold or distributed, or services transacted, in United States commerce. The owner of the mark shall be deemed to have used the mark in United States commerce if it has affixed the mark to the goods or packaging for the goods that have been shipped across states of the United States or international borders, or if it has used the mark in materials advertising the services in the United States. A trademark owner may file an application based solely or in part on its use of the mark, or intent to use the mark, on goods and services offered by its licensees, as long as the trademark owner controls the quality of the goods and services being offered by its licensees. Trademark owners may also file applications to register their marks in each of the 50 states, if they have used their mark on goods and services within that state...

Originally published in Getting The Deal Through - Trademarks 2016 in September 2015.