TMEP 1201.03(d): Sister Corporations

October 2017 Edition of the TMEP

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1201.03(d)    Sister Corporations

The fact that two sister corporations are controlled by a single parent corporation does not mean that they are related companies. Where two corporations are wholly owned subsidiaries of a common parent, use by one sister corporation is not considered to inure to the benefit of the other, unless the applicant sister corporation exercises appropriate control over the nature and quality of the goods or services on or in connection with which the mark is used. Great Seats, Ltd. v. Great Seats, Inc., 84 USPQ2d 1235, 1242 (TTAB 2007); In re Pharmacia Inc., 2 USPQ2d 1883, 1884 (TTAB 1987); Greyhound Corp. v. Armour Life Ins. Co., 214 USPQ 473, 475 (TTAB 1982).

See TMEP §1201.03(b) regarding use by wholly owned related companies.