TMEP 803.03(c): Corporation, Association, Organization, and Company

This is the October 2015 Edition of the TMEP

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803.03(c)    Corporation, Association, Organization, and Company

Corporation. In the United States, the term “corporation” is proper for juristic entities incorporated under the laws of the various states or under special federal statutes. In addition to specifying that an applicant is a corporation, the application must specify the applicant’s state (for United States corporations) or country of incorporation (for foreign corporations). It is customary to follow the applicant’s name by the words “a corporation of the state (or country) of....” This also applies to a nonprofit or tax-exempt corporation. If no state or country of incorporation, or the incorrect state or country of incorporation, is given for an applicant corporation, this defect may be corrected by amendment. The amendment does not have to be verified. If a corporation exists by virtue of a specific state or federal statute, this should be stated.

Association. “Association” and “nonprofit association” are acceptable terms to identify juristic entities organized under state laws or federal statutes that govern this form of organization. A domestic association must specify the state under whose laws the applicant is organized or exists, and indicate whether the association is incorporated or unincorporated. A foreign association must specify the country under whose laws the applicant is organized or exists and indicate whether the association is incorporated or unincorporated, unless the designation or description “association/associazione” for the country specified by the applicant appears in Appendix D. This also applies to a domestic or foreign nonprofit or tax-exempt association. If an association exists by virtue of a specific state or federal statute, this should be stated. Verification of these statements is not required.

Company. The term “company” is indefinite for describing a United States entity because it does not identify a particular juristic entity, but is acceptable to identify entities organized under the laws of foreign countries that are equivalent or analogous to United States corporations or associations. See TMEP §803.03(i) and TMEP Appendix D regarding foreign companies.

Organization. “Organization” and “nonprofit organization” are indefinite to identify juristic entities. If an applicant’s entity type is identified as a “nonprofit organization,” the examining attorney must require amendment of the entity, or proof that such a legal entity exists under the appropriate state statute or foreign country law.