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Acceptable Specimens for Services

When filing a Statement of Use for a trademark application that was submitted under intent to use 1(b), an applicant must provide the United States Patent and Trademark Office (USPTO) with specimens to prove that he or she is actually using the applied-for trademark in connection with the services listed in the application.  A trademark specimen for services must show the trademark as used in the sale of the services, including use in the performance, or rendering of the services, or in the advertising of the services. The specimen must show a direct association between the mark and the services.The following...

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Acceptable Specimens for Goods

When filing a Statement of Use for a trademark application that was submitted under intent to use 1(b), an applicant must provide the United States Patent and Trademark Office (USPTO) with specimens to prove that he or she is actually using the applied-for trademark in connection with the goods listed in the application.A trademark specimen for goods must show use of the trademark on the goods themselves, on containers or packaging for the goods, on labels or tags affixed to the goods, or on a display associated with the goods. The following chart provides a list of specimens for goods...

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Which Trademark Filing Basis Should I Pick?

[vc_row triangle_shape="no"][vc_column][vc_column_text] U.S. Filing Basis For most US-based applicants, the choice is as follows:   In Use 1(a) Applicant should select this basis if he or she is using the trademark in US commerce at the time of filing for goods or services listed in the application.    Intent to Use 1(b) Applicant should select this basis if he or she has not yet started using the trademark in US commerce at the time of filing but has a good faith intent to use the mark in the future. Once the application is allowed, a Statement of Use, or “SOU,” along with evidence of such usage (called a...

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Trademarks that Cannot be Registered

[vc_row triangle_shape="no"][vc_column][vc_column_text]Certain subject matter cannot be protected or registered as a trademark. Unregistrable brands include those that are (1) generic, (2) deceptive, and (3) confusingly similar to existing registrations or applications.   1 – Generic Brands   What is a generic trademark? A generic trademark is a common term used to describe the category of goods or services with which it is used and can never be protected. If customers and clients understand that the mark identifies the type of products or services you are offering without even educating them, then the mark is generic. For example, a brand of golf clubs called “golf clubs”...

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My Trademark Application was Approved for Publication. What Comes Next?

[vc_row triangle_shape="no"][vc_column][vc_column_text]Once the examining attorney at the United States Patent and Trademark Office (USPTO) approves a trademark application, it is published for opposition. This is normal and happens to every trademark application, so this is not something you should be concerned with.    Publication is Good News for the Applicant   Approving a trademark application for publication is almost always a good thing since it means that the examining attorney at the USPTO found no issues that would prevent the registration of that trademark and has completed his or her examination. While there is the possibility that someone might file an opposition against the...

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Registering a Trademark Step-By-Step Guide

[vc_row triangle_shape="no"][vc_column][vc_column_text]This guide discusses the steps for filing an application for registration of a trademark based on use or an intent to use in commerce. It includes guidance from pre-filing preparation to filing the application and navigating the examination process, as well as other post-filing steps essential to a successful registration.  Generally, it takes 1 to 2 years from filing to obtain a federal trademark registration, assuming the application is allowed.  Here are the steps to obtain a federal trademark registration.    Step 1 – Look to See if your Brand is Registrable Before you even search and clear the mark you want to...

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