Who Should Sign a Trademark Application?

Finding the proper person to sign a trademark application is more complicated than it seems. In fact, it’s something that attorneys get wrong all the time.

Here are some of the most common scenarios for selecting a proper signatory for your application.

1. When filing a trademark as a Corporation or LLC

If you’re filing a trademark application under the name of a corporation or an LLC, the signatory or the person signing the application must meet two requirements.

i) The person signing must be a corporate officer with authority to bind the company.

One of the issues we see as trademark attorneys, is that businesses will allow a marketing director, or some other higher up, to sign the trademark application. However, a marketing director does not have the legal authority to bind the company, so if they sign the application, the resulting registration can be completely void.

Even though it is a hassle to ask your president or another managing member to come in and sign something, it’s critical to the rights you are creating to ensure that the proper person is signing the application.

ii) The person signing must have actual knowledge about facts around the trademark.

As part of the trademark application, there is a sworn statement stating that the person signing the application knows the company has an intent to sell goods or services using the trademark or already has those sales of goods and services in the marketplace.

In larger companies, it’s entirely possible that some corporate officers don’t have this kind of knowledge. They may not be involved in that particular program or aware of a certain product or service. So, you have to ensure the person signing can, in fact, submit the proper sworn statement and could back it up if they’re ever deposed in a court case later on.

2.  When filing a trademark as an individual

Things get a little easier if you’re just filing the application under your own name.

You just have to make sure you are the one signing the application, and not a spouse or child. Do not let anybody else sign on your behalf.

3. Why an attorney should not sign your trademark application

It is a mistake to let your attorney sign a trademark application. This is because by signing a trademark application, your attorney is submitting a sworn statement that they have knowledge about the facts around your trademark.

In other words, the attorney is attesting to the fact that they know about your company’s intent to sell goods and services, or, about actual sales that have already occurred.

If there’s ever a challenge to your trademark application or registration, the attorney that signed the application becomes a fact witness and may be conflicted out from representing you.

If you have any questions regarding who should sign your trademark application, please fill out our contact form.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.