If a trademark has multiple owners, how are the rights and responsibilities shared?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

By default, joint trademark owners share rights and responsibilities equally. Each owner can use the trademark commercially and each is equally entitled to enforce it.

The default arrangement can be modified by a joint ownership agreement, which can allocate specific rights (for example, usage in particular territories or classes) to each party and set out the procedures for enforcement decisions. Without such an agreement, any co-owner acting on their own may create complications for the others. A jointly owned trademark without a governance agreement is a practical risk.

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