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Guided answer
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.
Apply in your own name and keep evidence of use.
Lower complexity
- Any person claiming to be the proprietor of a mark used or proposed to be used can apply (section 18(1)).
- The official fee table has a lower category for individuals, startups and small enterprises on the main application form. We do not quote amounts; check the current table.
- If you are already using the mark, state the period of use and be ready to file an affidavit with documents (rule 25).
- Think ahead: if you later incorporate, the registered mark must be assigned to the company and the change recorded (sections 37-38; rules 75-76).
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Not sure whether this applies to your invention?
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