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Who should own my trademark?

The proprietor you choose affects who can sue, who can sell and what happens if the business changes. Pick the closest situation.

You generally cannot be joint proprietors; pick one owner.

High complexity - significant legal consequences

  • Persons who use a mark independently cannot be registered as joint proprietors (section 24).
  • Usually the business entity should own the mark and each founder's interest should be handled through the company's ownership and a founders' agreement.
  • If one founder registers personally, record in writing that the mark is held for the business, and expect a later assignment.

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