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Is it our US-registered or UK company that should apply for a trademark in the US?

Written by Jan Buza

Co-founder of Trama

Either entity can own a US trademark. The decision depends on which company will use the mark commercially in the US market and how you want to structure the intellectual property ownership.

If you want to file the application without legal representation, only a US-domiciled applicant can do so; a UK-based company would be required to use a licensed US attorney regardless. If the mark will primarily be used by the US company in the US market, registering it under the US company is the more straightforward arrangement and avoids the need for a cross-border license agreement between the two entities.

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