The person or legal entity that applies the trademark to goods they produce, or that uses the service mark in the sale or advertising of services they perform. The trademark owner also generally controls the nature and quality of the goods sold or services rendered under the trademark. A party that merely imports or distributes goods bearing the trademark of a manufacturer or producer is not the owner of the trademark.
The applicant listed in a trademark application must be the owner of the trademark. In the case of an intent-to-use application, the applicant must be entitled to use the mark in commerce.