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May a minor file a trademark application?

Generally speaking, a minor may not file a trademark application on their own behalf, though this depends on state law for determining whether a minor has the legal capacity to enter into contracts, including the application process for trademark registration. If the minor may validly enter into binding legal obligations, and may sue or be sued, in the state in which they are domiciled, the application may be filed in the name of the minor.

However, a minor's parent or legal guardian can file a trademark application on their behalf as the applicant. The parent or guardian would act as the legal representative for the minor throughout the application process and would be responsible for all obligations and communications related to the trademark application.

It's crucial for parents or guardians to carefully consider the implications of filing a trademark application on behalf of a minor and to ensure that they have the authority to act on the minor's behalf in this context.

Author: Fernando Dutra.

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