TMEP 1201.02(d): Operating Divisions

October 2017 Edition of the TMEP

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1201.02(d)    Operating Divisions

An operating division that is not a legal entity that can sue and be sued does not have standing to own a mark or to file an application to register a mark. The application must be filed in the name of the company of which the division is a part. In re Cambridge Digital Sys., 1 USPQ2d 1659, 1660 n.1 (TTAB 1986). An operating division’s use is considered to be use by the applicant and not use by a related company; therefore, reference to related-company use is permissible but not necessary.