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An application for registration may be based upon "actual use" in commerce (a §1(a) registration) or upon a bona fide intent to use ("ITU") the mark in commerce (§1(b) registration). An ITU application is a placeholder. It will not be allowed to register until the applicant actually begins using the mark in interstate commerce.
The USPTO examines applications for trademark registration, which can be filed under five different filing bases: use in commerce, intent to use, foreign application, foreign registration, or international registration. [80]
The trademark registration process with the USPTO generally follows these steps: [83] Application: A trademark application is filed after completing a clearance search to identify any potentially conflicting marks. [84] Examination: An examining attorney reviews the application to ensure it meets legal requirements and that the trademark is ...
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
The Global Brand Database is a free-of-charge comprehensive online database developed and maintained by the World Intellectual Property Organization. It is a global resource for trademark information, providing users access to a vast collection of international trademark records. The database offers valuable insights and search tools to assist ...
The Trademark Official Gazette (TMOG) is a weekly publication of the United States Patent and Trademark Office (USPTO) which publishes newly registered trademarks.Once a trademark application has been examined by a USPTO examining attorney and found to be entitled to registration, it is published in the Official Gazette of the USPTO.
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