WHO OWNS A TRADEMARK?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark. In such a situation, the use by the licensed company inures to the owner. Since one of a trademark’s functions is to permit the public to recognize and select a particular product from those of others, in a license situation the owner must have some degree of control over the quality of the products that bear the trademark.