Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform. A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates, etc.
The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing an action for trademark infringement. However, the U.S. recognizes common law trademark rights, which means action can be taken to protect any unregistered trademark if it is in use. Federal registration is not a prerequisite of trademark ownership but it offers the trademark owner certain benefits – a legal presumption that you own the trademark and have the right to use it.
[Last updated in October of 2021 by the Wex Definitions Team]