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By J.D. Houvener
Patent Attorney and Founder

Is it fraud on the USPTO to sign a trademark application with a pen name? I have a business and I wish to register a trademark in the company name. However, at this time, I don’t have an attorney, and I have to file the application myself. Would it be fraud to use my pen name instead of my legal name to sign the trademark application? Does the USPTO avoid the application? Is there any published authority or statute in case law on the subject?

This, you know, again needs to be confirmed by Matt. I would assume on the patent side, it’s going to be the same. The patent applications are all submitted to the USPTO just like the trademark office, and you’ve got to use your legal name. So, I don’t think a pen name would work unless, of course, you’ve changed your legal name to match your pen name.

Yeah, so I don’t know about any case law. I can’t cite any statutes on that, but I would say do not use a pen name; use your legal name.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at https://boldip.com/contact/