# TMEP § 1201.01: Claim of Ownership May Be Based on Use By Related Companies

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1201.01

## Section

- **Citation:** TMEP § 1201.01
- **Heading:** Claim of Ownership May Be Based on Use By Related Companies
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1200 - Substantive Examination of Applications / TMEP § 1201.01

## Text

In an application under §1 of the Trademark Act,
15 U.S.C.
§1051
, an applicant may base its claim of ownership of a mark
on:
(1) its own exclusive use of the mark;
(2) use of the mark solely by a related company
whose use inures to the applicant’s benefit (
see
TMEP
§§1201.03–1201.03(e)
); or
(3) use of the mark both by the applicant and by a
related company whose use inures to the applicant’s benefit
(
see
TMEP
§1201.05
).
Where the mark is used by a related company, the owner
is the party who controls the nature and quality of the goods sold or services
rendered under the mark.
See
15 U.S.C.
§1055
. The owner is the only proper party to apply for
registration.
See
15 U.S.C. §1051(a)
;
Moreno v. Pro Boxing Supplies,
Inc.
, 124 USPQ2d 1028, 1036 (TTAB 2017) (finding that a mere licensee
cannot rely on licensor's use to prove priority). See
TMEP §§1201.03–1201.03(e)
for
additional information about use by related companies.
The examining attorney should accept the applicant’s
statement regarding ownership of the mark unless it is clearly contradicted by
information in the record.
In re L. A. Police Revolver &
Athletic Club, Inc.
, 69 USPQ2d 1630,
1634 (TTAB 2003).
The USPTO does not inquire about the relationship
between the applicant and other parties named on the specimen or elsewhere in the
record, except when the reference to another party clearly contradicts the
applicant’s verified statement that it is the owner of the mark or entitled to use
the mark. Moreover, where the application states that use of the mark is by a
related company or companies, the examining attorney should not require any
explanation of how the applicant controls such use.
The provisions discussed above also apply to collective
and certification marks, except that, by definition, collective and certification
marks are not used by the owner of the mark, but rather the marks are used by its
members/authorized users under the control of the owner.
See
15 U.S.C. §§1053
,
1054
;
TMEP §§1303.02(a)
,
1304.03(a)
,
1306.01(a)
lanation of how the applicant controls such use.
The provisions discussed above also apply to collective
and certification marks, except that, by definition, collective and certification
marks are not used by the owner of the mark, but rather the marks are used by its
members/authorized users under the control of the owner.
See
15 U.S.C. §§1053
,
1054
;
TMEP §§1303.02(a)
,
1304.03(a)
,
1306.01(a)
. In addition, an application for registration of
a collective mark must specify the nature of the applicant’s control over use of the
mark.
37 C.F.R. §2.44(a)(4)(i)(A)
;
TMEP §1303.01(a)(i)(A)
.
See
TMEP
§1201.04
for information about when an examining attorney
should issue an inquiry or refusal with respect to ownership.

## Nearby sections

- [TMEP § 1201 Ownership of Mark](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.md)
- [TMEP § 1201.01 Claim of Ownership May Be Based on Use By Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.01.md)
- [TMEP § 1201.02(a) Identifying the Applicant Properly](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(a).md)
- [TMEP § 1201.02(c) Correcting Errors in How the Applicant Is Identified](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(c).md)
- [TMEP § 1201.02(d) Operating Divisions](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(d).md)
- [TMEP § 1201.02(e) Changes in Ownership After Application Is Filed](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(e).md)
- [TMEP § 1201.03(a) No Explanation of Use of Mark by Related Companies or Applicant’s Control Over Use of Mark by Related Companies Required](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(a).md)
- [TMEP § 1201.03(b) Wholly Owned Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(b).md)
- [TMEP § 1201.03(c) Common Stockholders, Directors, or Officers](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(c).md)
- [TMEP § 1201.03(e) License and Franchise Situations](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(e).md)
- [TMEP § 1201.04 Inquiry Regarding Parties Named on Specimens or Elsewhere in Record](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.04.md)
- [TMEP § 1201.05 Acceptable Claim of Ownership Based on Applicant’s Own Use](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.05.md)
- [TMEP § 1201.06(a) Applicant Is Merely Distributor or Importer](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(a).md)
- [TMEP § 1201.06(b) Goods Manufactured in a Country Other than Where Applicant Is Located](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(b).md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1201.01. Check the current official text before relying on it. Not legal advice.