Common Ownership of Multiple Trademarks

Establishing common ownership between multiple trademarks can be a strategic asset, especially when navigating such challenges as a 'likelihood of confusion' rejections before the United States Patent and Trademark Office (USPTO). Common ownership is established when all trademarks in question are owned by the same entity or related entities, which can significantly alleviate concerns about potential consumer confusion.

Importance of Demonstrating Common Ownership

When similar marks are used for related products or services, demonstrating common ownership assures the USPTO that a single controlling source is behind the marks, reducing the risk of consumer confusion. Common ownership may be particularly relevant in overcoming a likelihood of confusion rejection with previously registered marks that are owned by the same controlling source.

Demonstrating Common Ownership

When establishing common ownership, it's essential to provide clear and unequivocal evidence that may include:

• Corporate Formation Documents: Articles of incorporation confirming the same corporate entity holds the trademarks.

• Business Records: Documents illustrating the relationship between entities owning each mark, such as shared addresses, management, or financial ties.

• Licensing Agreements: Agreements that demonstrate control over the use of the marks by related but separate entities.

Strategies to Illustrate Common Ownership

Illustrating common ownership involves demonstrating that a single source offers the goods and services under the trademarks. Strategies include:

• Consolidating Ownership: Unifying the trademarks under a single entity simplifies the process and provides a clear case for common ownership.

• Cohesive Branding Strategy: A consistent branding approach across the trademarks reinforces the notion of a single source, supporting the common ownership claim.

• Sworn Statements: Submissions from corporate officers or legal representatives detailing the ownership structure and the relationship between the trademarks serve as persuasive evidence.

How TCP Law Can Help

Demonstrating common ownership between trademarks is strategic in successfully registering trademarks, particularly in overcoming likelihood of confusion rejections. A trademark attorney at TCP Law can help develop and manage a trademark portfolio.

For assistance with establishing a trademark portfolio or with any other trademark issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.