Yes, a minor can technically own a trademark. However, there are some practical and legal considerations to keep in mind:

Legal Capacity to Contract: Minors generally have limited legal capacity to enter into binding contracts. Since owning a trademark often involves contractual obligations (like licensing or selling the trademark), any agreement entered into by a minor may be voidable. This means the minor could potentially disaffirm the contract upon reaching the age of majority, which might complicate business dealings.

Registration and Management: While a minor can apply for and be granted a trademark, managing the trademark (like maintaining registrations, handling disputes, and enforcing rights) might require the assistance of an adult, typically a legal guardian or parent.

State Laws: The rules can vary by jurisdiction. Some places might require a guardian to manage the trademark or to act in legal capacities on behalf of the minor

Here are some key points regarding minors and contracts in Florida:

In Florida, entertainment contracts with minors are governed by Florida’s Child Labor Laws, Administrative Code and Department of Business and Professional Regulation.  Florida law provides for judicial approval of minor contracts regarding personal services for performing artists (like actors, musicians and models) and athletes.

Voidable Contracts: A minor can disaffirm or cancel most contracts they enter into before they reach the age of majority and for a reasonable time after reaching adulthood. However, there are exceptions.

Exceptions: Certain types of contracts are binding on minors and cannot be disaffirmed.

These include:

Contracts for necessities like food, clothing, and lodging, which are considered essential for the minor’s survival and well-being.

Contracts approved by a court, such as settlements in a lawsuit.

Some educational or employment contracts, especially those that are beneficial to the minor’s development and well-being.

Emancipation: An emancipated minor, who is legally considered an adult before reaching the age of 18, has the capacity to enter into binding contracts. Emancipation can occur through marriage, by court order, or by a statutory process if the minor meets certain conditions like financial independence.

I have helped parents protect the trademarks of their minor children in the United States and foreign jurisdictions. I’d like to help you too!