Individual

If the applicant is an individual person who is doing

business under an assumed business name, the individual’s name should be set forth,

followed by an assumed name designation (e.g., d.b.a., a.k.a., or t.a.) and by the

assumed business name.

See

37 C.F.R.

§2.32(a)(2)

.

If an individual indicates that the individual is doing

business under a corporate designation (e.g., Corporation, Corp., Incorporated, Inc.,

Limited, Ltd.), the USPTO will presume that relevant state law permits such a

practice.  The assumed name will be included on the registration certificate.

If the application reflects an inconsistency between the

owner name and the entity type as to whether a corporation or an individual owns the

mark, the examining attorney must require the applicant to clarify the record

regarding ownership (e.g., if the name of an individual appears as the applicant, but

the entity is listed as a corporation, or if a business is named as the applicant but

the entity is listed as an individual).  However, in view of the broad definition of

a “person properly authorized to sign on behalf of the owner” in

37 C.F.R.

§2.193(e)(1)

(

see

TMEP

§§611.03(a)

,

804.04

), the fact that the title of the person signing an

application refers to a different entity is not in itself considered an inconsistency

between owner and entity type that would warrant an inquiry as to who owns the

mark.

See

TMEP

§803.03(a)

for information about identifying an individual

applicant’s entity type, and

TMEP

§§803.06

and

1201.02(c)

regarding USPTO policies

regarding correction of an applicant’s name and entity type.