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Trademark Identification of Goods/Services

One important step prior to filing a trademark registration application is determining what types of goods and/or services will be offered in connection with the mark. The selected goods or services will be submitted with the trademark application and will dictate the scope of protection of the registration. The choice of goods and services is

Strength of a Trademark

Evaluating the strength of a trademark is never simple because of the many factors that could affect the enforcement of any trademark. However, we are able to at least predict the general level of protection a mark could receive by determining where the mark falls on the spectrum of distinctiveness. The spectrum of distinctiveness is…

Introduction to Trademarks

A trademark is a symbol that represents the source of a product. Similarly, a service mark is a symbol that represents the source of a service. The “symbol” may be words, names, images, sounds, colors, or any other indicia that identifies the source of the product or service….

Complete Trademark Application

A complete application is required for registration (but not necessarily for receiving an application filing date). A trademark application is complete when it includes all of the following: A request for registration The applicant’s name The applicant’s address The applicant’s citizenship

Use-Based Trademark Application

The use-based application (also known as an “in-use” application) requires that the trademark was in use in commerce prior to or at the time of filing. To base the application on the applicant’s use of the mark in commerce, the applicant must submit the following four items…

Dates of First Use

All trademark applications are required to include the “dates of first use.” For a use-based trademark application, you must provide the dates of first use at the initial time of filing. For an intent-to-use trademark application, you must provide the dates of first use in the later-filed allegation of use. The dates of first use refer to using the mark with the goods and/or services identified in the trademark application. The dates of first use include…

Intent to Use (ITU) Trademark Application

The intention to use a trademark is one of the five filing bases provided by trademark law. The intent to use (ITU) application type is ideal if you know what your trademark will be, but you are not yet using it in commerce. Since priority is dictated by earliest use, the ITU application can be advantageous, as…

How to Choose your Trademark Specimen

The specimen is the proof that you are using your trademark. Trademark law (and by extension, the USPTO) is particular about what qualifies as an acceptable specimen. An unacceptable specimen will result in a refusal of the trademark application. So, it is important to submit an acceptable specimen. The essential rule of thumb is that…