Newsletter
JOINT OWNERSHIP OF TRADEMARK UNDER PARTNERSHIP ALLOWED
The Trademark Law grants a registered trademark owner the exclusive right to use his trademark from the date of registration. Another person may not use an identical or similar trademark on the same or similar goods without obtaining the authorization of the registered owner. Therefore, the right of exclusive use of trademark may not be jointly owned by more than one person.
The Intellectual Property Office, however, has recently confirmed that it allows partners of a partnership to have joint ownership of a trademark by registration or by assignment. The use of such a trademark must be in such a manner as to distinguish that the goods come from the single source of a partnership or the joint owners under the partnership. In this way, the use of the trademark will conform with the intent of the Trademark Law that a trademark should symbolize one single source of products or services.