2 separate entities which have joint interests in a mark can jointly own a trademark if they file the trademark application as joint owners.
However, a registered mark which is in the name of 1 single entity cannot be assigned in a manner that causes the mark to be subsequently owned by 2 separate entities. The statute specifically prohibits transfer of ownership which creates multiple exclusive rights in a common mark for same/similar goods and services. 2 entities can acquire such a registered mark, if they come together to form a common entity, such as a Joint Venture – which can acquire the mark through assignment. In fact, while the TM Office filing mechanism allows multiple parties to be recorded as joint owners at the time of filing of the application, the same is not allowed at the time of assignment.
