TMEP 1201.07(b)(i): When Either Applicant or Registrant Owns All of the Other Entity

October 2017 Edition of the TMEP

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1201.07(b)(i)    When Either Applicant or Registrant Owns All of the Other Entity

If the applicant or the applicant’s attorney represents that either the applicant or the registrant owns all of the other entity, and there is no contradictory evidence, then the examining attorney should conclude that there is unity of control, a single source, and no likelihood of confusion. This would apply to an individual who owns all the stock of a corporation, and to a corporation and a wholly owned subsidiary or a subsidiary of a wholly owned subsidiary. In this circumstance, additional representations or declarations should generally not be required, absent contradictory evidence.