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[kate120]

Hi,

I live in Canada and I have a company (sole prioprietorship).
I want to register a trademark with the USPTO and have my company name displayed publically, but NOT my name... is it possible since my company is a sole prioprietorship?

#1. What do I put in the field that ask for "Owner of the Mark"? My name or my company name (sole prioprietorship)?

#2. "Entity Type" = Sole Proprietorship
     "If non-U.S. Entity" = Canada.
     Under "For domestic applicants only:" it asks for "Name and Citizenship of All General Partners, Active Members, Individual, Trustees, or Executors", from what I understand I have to put "My Full Name, Canadian", correct?

Thank you for your help!

[JSonnabend]

Because the company is not a business entity, you would run the risk of not being able to enforce the mark/registration if you omitted your name.  In short, you would run the risk of not being able to show ownership of the registration.

Why don't you want your name showing?

- Jeff

[kate120]

Because I wanted the public to recognize my trademark with my company name and not my name.

That means I should put for Owner of the Mark my full name?

[JSonnabend]

If there is no legal business entity, I don't see any alternative.  Perhaps the eTeas form will let you do something different, but I have never tried and so off the top of my head I can't tell you what other options might be available (although I think the answer is "none").

- Jeff

[kate120]

In that case, would you recommend I apply as a sole proprietorship or individual?

[JSonnabend]

Actually, as I think about it, I did file a series of applications for an individual sole proprietor.  I used her name and filled in the "d/b/a" field that follows (see the eTeas form).  I used "individual" as the owner type, but "sole proprietor" would have been fine as well, I imagine.

- Jeff

[kate120]

I'm not sure whether to file as an Individual or Sole Proprietorship, because I don't see the difference if I will put: "My Name" DBA "Company Name".

If filing as an Individual and Sole Proprietorship are the same, should I just leave out the DBA Company Name and just put my name as Owner of the Mark?

[JSonnabend]

As I said, when I was faced with this issue, I filed as an individual and added the "d/b/a" information.

- Jeff

[OMG IP]

Because I wanted the public to recognize my trademark with my company name and not my name.

That means I should put for Owner of the Mark my full name?

IMO here, I doubt the "public" will come to the PTO database and decide to associate your TM with your name.  It will depend on how you use the mark in commerce, which is the whole point of TM's.  Again, just IMO.  I have a mark registered w/ my name, but is completely identified in "public" with my dba name.

[JSonnabend]

John is correct.  The mark will be associated in the minds of the consuming public with your business.  If not, the mark is not functioning as such, regardless of the TM registration.

By contrast, if you have the wrong owner information down on the registration, you will have a tough time enforcing the registration (that is, the mark under the registration), which is the whole purpose of registering in the first place, really.

- Jeff