Who is referred to as the owner of a trademark?

The owner of a trademark is defined as the individual or entity that holds the rights to the trademark. Essentially, ownership signifies legal rights and responsibilities associated with the trademark, including the right to use the trademark in commerce and to enforce those rights against unauthorized usage by others. This legal owner has the authority to license the trademark, as well as to take action against infringement, thus protecting the integrity of their brand.

While a government agency, such as the United States Patent and Trademark Office (USPTO), administers trademark applications and registrations, it does not possess ownership of the trademarks themselves. Attorneys may represent trademark owners, but they do not own the marks unless they have been assigned rights or have ownership themselves. Lastly, merely being the first individual to apply for a trademark does not automatically confer ownership; ownership is fundamentally about having established rights, which can depend on the actual use of the trademark in commerce, rather than the filing date alone.