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The Applicant
The person (individual or company) obtaining the registration should be the one who actually uses the mark in commerce. If two or more persons are using the mark, then if they constitute a partnership, the partnership should be the applicant. In some cases, a parent company may properly be the applicant even though use will be by a subsidiary. A licensor may be the applicant even though use will be by licensees. These last two situations present complications about which our advice should be sought. Generally speaking, the applicant should not be an individual who owns a company using a trademark, nor a mere shell or holding company, but exceptions arise. Please consult us.
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