Trademark applications are often filed in a hurry, by whoever is handling the paperwork. Sometimes that is a founder in their own name, sometimes a relative's firm, sometimes an agency. The applicant named on the form is the owner of the mark, whatever anyone intended.
The applicant can be changed later, but that takes paperwork and cooperation. It is much simpler to choose correctly on the first application.
The company should usually own the brand
If the business is a company or LLP, the brand is usually one of its main assets, and it should sit on its balance sheet rather than with an individual. Investors and acquirers check this during due diligence. A mark held personally by one founder can complicate a funding round or a sale.
Personal ownership can also create difficulty if a founder leaves the business. The company may then have to negotiate to keep using its own name.
Match the legal name exactly
Use the applicant's exact legal name and entity type as registered. A partnership firm should be described as one, with its partners named as the application requires. A sole proprietor files in their own name, trading as the business. Mismatches can cause delays or questions about ownership.
The applicant's address and description also appear on the public record. Keep them consistent with the company's registered details, and update them if the business moves.
Fixing a filing in the wrong name
If a mark was filed or registered in the wrong name, it can be moved by a written assignment from the current owner to the correct one. The assignment should then be recorded with the Trade Marks Registry, so the register shows the right owner. Until it is recorded, the change can be hard to rely on.
Agencies should not be applicants
Some agencies file marks in their own name as a convenience. It is better that they file as your agent, in your name, with your authorisation. That way the mark is yours from the start and nobody needs to transfer anything.
Check any agency engagement letter for the question of who files and in whose name. If the terms are unclear, settle them before work begins.
Settle it before you file
Agree ownership among founders in writing before the first application goes in. A trademark attorney or lawyer can advise on the right structure for your business. This note is general information, not legal advice.
