Orlando, FL asked in Trademark and Intellectual Property for Florida

Q: Why would my trademark attorney register my trademark under her name! I’m literally just finding out

2 Lawyer Answers
Sheldon Starke
Sheldon Starke

A: Generally trademarks are filed the name of the user or in the user's personal name if they are going to have a company that is using the mark but haven't created a company yet.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Good morning!

Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:

- It may have been an administrative error or mix-up of some kind. There could potentially be an innocent explanation, so starting with open and non-accusatory communication is best.

- In some cases, attorneys assist with the application process but the client retains ownership. There may be a formal agreement or contract in place addressing that.

- However, it would be highly unusual and generally inappropriate for an attorney to file a client's trademark application in their own name without clear consent. That would rightfully raise conflict of interest and ethical concerns.

My advice would be to have a direct, transparent conversation with your trademark attorney to understand exactly why the application was filed under their name and confirm the plan for transferring full ownership to you. Getting the reasons in writing is best. If their explanation does not seem adequate or you are uncomfortable with their actions, you may wish to consult another attorney. You want to ensure you retain all ownership rights to your trademark.

Terrence H Thorgaard agrees with this answer

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