Operating Divisions
FederalAgency guidance
Ask Donna
How this section applies to your facts.
USPTO TMEP › Chapter 1200 - Substantive Examination of Applications › TMEP § 1201.02(d)
Text
An operating division that is not a legal entity
that can sue and be sued does not have standing to own a mark or to file an
application to register a mark. The application must be filed in the name of the
company of which the division is a part.
In re Cambridge Digital
Sys.,
1 USPQ2d 1659, 1660
n.1 (TTAB 1986)
. An operating division’s use is considered to be use by the
applicant and not use by a related company; therefore, reference to
related-company use is permissible but not necessary.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.