Applicant

An application to register a mark must be filed by the owner of the mark or, in the case of an "intent-to-use application," by the person who is entitled to use the mark in commerce. Normally the owner of a mark is the person who applies the mark to goods produced by him or uses the mark in the sale or advertising of services performed by him.

The name of the applicant should be set out in its correct legal form. For example, a corporate applicant should be identified by the name set forth in the articles of incorporation.

If the applicant's legal name includes the assumed name under which it does business, an assumed name designation should be used to connect the actual name with the assumed name. Assumed name designations include "d.b.a." (doing business as), "a.k.a." (also known as), and "t.a." (trading as). The particular assumed name designation used is optional. Only the abbreviation of the assumed name designation will be printed in the Official Gazette and on the certificate of registration. If an applicant gives the assumed name designation in full, the abbreviation will automatically be used for printing purposes.

If an applicant is not the owner of (or entitled to use) the mark at the time the application is filed, the application is void and cannot be amended to specify the correct party as the applicant, because the applicant did not have a right that could be assigned.

Legal Entity

Applicants may be natural persons or "juristic persons." "Juristic persons" include corporations, partnerships, joint ventures, unions, associations and other organizations capable of suing and being sued in a court of law. An operating division, or the like, that is merely an organizational unit of a company and not a legal entity that can sue and be sued, may not own or apply to register a mark.

Design

Although specimens show a mark in color, an applicant usually has the option of showing the mark on a drawing either in all black and white or, through the use of lining codes, in the colors shown on the specimens.

In order to show color in a mark, a black and white drawing must be used and the color or colors must be designated on the drawing by marking the appropriate areas of the mark according to the linings for indicating color which are given in the chart in 37 C.F.R. &sect2.52(e).

If color lining is not used, only black and white may appear on the drawing. Every line and letter must be black, clean and crisp, and all filled areas must be solid black. This applies to all lines and shading, however fine. The lining must not be too fine or crowded. Surface shading should be open and indicated by black stippling. Gray tones are unacceptable.

Original Drawing	Unacceptable Drawing	Acceptable Drawing