Trademarks play a crucial role in protecting brand identity, ensuring businesses have exclusive rights to their names, logos, and slogans. However, manufacturing goods in a different country than the trademark applicant’s residence can raise questions during the trademark application process. While the U.S. Patent and Trademark Office (USPTO) typically does not challenge manufacturing location, inconsistencies in documentation—such as conflicting ownership claims—can lead to refusals. Understanding how manufacturing location interacts with the trademark application can help businesses avoid complications and successfully secure their brand rights.
Understanding Trademark Ownership and Manufacturing Location
Owning a trademark in the U.S. gives a business exclusive rights to its brand name, logo, or slogan. But does that mean you have to manufacture your own products?
No! Trademark ownership depends on use in commerce, not on where or how the product is made.
Common Misconception: The Manufacturer Owns the Trademark
Many people assume that the company physically making the product is the one that owns the trademark. That’s not necessarily true.
A business can own a trademark even if:
- The goods are made by a third-party manufacturer.
- The company controls branding and sales.
- The product is marketed and distributed under the company’s name.
Who Really Owns the Trademark?
The key factor is who controls the brand. If your business is responsible for selling the product under your trademark, you’re the rightful owner—regardless of where it was made.
By keeping clear ownership records and ensuring consistency in trademark applications, businesses can avoid legal complications and maintain full rights to their brand.
When Does Manufacturing Location Cause a Trademark Refusal?
While the U.S. Patent and Trademark Office (USPTO) usually doesn’t question where a product is made, certain situations can lead to a refusal.
When Can Your Application Be Rejected?
- The Foreign Manufacturer Owns the Trademark
- If the records show that the actual manufacturer—not the applicant—owns the trademark, the USPTO may refuse the application.
- The Applicant is Just an Importer or Distributor
- If the applicant is listed as merely importing or distributing the goods but has no real control over the brand, they may not qualify for trademark ownership.
- The Specimen Contradicts the Ownership Claim
- A specimen is proof that a trademark is used in commerce. If it suggests that another company (like the manufacturer) owns the mark, this inconsistency can cause rejection.
Important Reminder: Importing Isn’t Enough!
Just because a company imports goods and sells them doesn’t mean it automatically owns the trademark. To secure a trademark, the applicant must control branding, marketing, and how the product is presented in the U.S.
Want to avoid these pitfalls? Keep reading to learn how to overcome potential refusals!
How to Overcome a Trademark Refusal Due to Manufacturing Location
If your trademark application gets refused because of manufacturing location issues, don’t panic! There are steps you can take to fix the problem and strengthen your claim.
1. Submit Proof of Ownership
The USPTO needs to see that you own the trademark—not the manufacturer. You can provide:
- Agreements with the manufacturer showing that you control branding and sales.
- Licensing agreements proving that the manufacturer is producing goods under your brand.
- Evidence of U.S. use (such as product packaging, invoices, or advertising) that connects your business to the mark.
2. Clarify Your Business Structure
Listing yourself only as an importer or distributor can lead to application denial. To strengthen your claim:
- Make sure your company is recognized as the brand owner in contracts and marketing materials.
- Use the trademark consistently across your website, labels, and promotional content.
- Show that you set the standards for product quality and branding.
3. Ensure Consistency in Your Application
Conflicting information in your trademark application can cause major issues. Double-check that:
- The specimen (proof of use) matches what you claim in the application.
- List your business name as the trademark owner, not just an importer.
- All supporting documents align with your claim of ownership.
4. Be Proactive!
A strong, well-documented application is the best way to avoid refusal. If you’re unsure, working with an experienced trademark attorney can help you navigate the process smoothly.
Protecting Your Trademark, No Matter Where You Manufacture
Navigating trademark laws can be tricky—especially when manufacturing outside your home country. Don’t risk delays or refusals. Keener Legal specializes in intellectual property protection and can help ensure your trademark application is rock-solid.
- Need help proving ownership?
- Facing a trademark refusal?
- Want to secure your brand the right way?
Keener Legal is here to help! Contact us today for a consultation and take the next step in protecting your brand.
