Proof of Ownership (Trademark) Law and Legal Definition

Proof of ownership in a trademark can be provided by a certificate of federal registration. It acts as a prima facie evidence of ownership of a mark. In case of marks that are not federally registered, proof of ownership can be provided by producing evidence of use of the mark in commerce before any other party’s use of the mark. Regarding marks affixed to goods, proof can include a bill of sale for goods bearing the mark. In case of service marks, proof of ownership includes brochures or other advertising showing the mark.