No Explanation of Use of Mark by Related Companies or Applicant’s Control Over Use of Mark by Related Companies Required

The USPTO does not require an application to

specify if the applied-for mark is not being used by the applicant but is being

used by one or more related companies whose use inures to the benefit of the

applicant under §5 of the Act. Moreover, where the application states that use

of the mark is by a related company or companies, the USPTO does not require an

explanation of how the applicant controls the use of the mark.

Additionally, 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 has a bona fide intention to use the mark in commerce.

See

TMEP

§1201.04

. In such cases, the USPTO may require such

details concerning the nature of the relationship and such proofs as may be

necessary and appropriate for the purpose of showing that the use by related

companies inures to the benefit of the applicant and does not affect the

validity of the mark.

37 C.F.R.

§2.38(b)

.