TMEP 803.02(c): Corporation and Association

October 2017 Edition of the TMEP

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803.02(c)    Corporation and Association

If the applicant is a corporation, the official corporate name must be set out as the applicant’s name.  Listing an assumed business name is optional.  The name of a division of the applicant should not be included in or along with the applicant’s name.  If the applicant wishes to indicate in the application that actual use of the mark is being made by a division of the applicant, the applicant may provide a statement that "the applicant, through its division [specify name of division], is using the mark in commerce."  This statement should not appear in conjunction with the listing of the applicant’s name, and will not be printed on the registration certificate.

In unusual situations, one corporation may also be doing business under another name, even another corporate name.  This sometimes happens, for example, when one corporation buys out another.  In the unusual situation where a corporate applicant provides a DBA ("doing business as") that includes a corporate designation (e.g., Corporation, Corp., Incorporated, Inc., Limited, Ltd.) in addition to its official corporate name, the USPTO will presume that relevant state law permits such a practice.  The DBA will be printed on the registration certificate.

Associations should be identified by the full, official name of the association.

See TMEP §803.03(c) for information about identifying a corporation or association as a legal entity.