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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.
If approved, the trademarks are registered on either the Principal Register or the Supplemental Register, depending upon whether the mark meets the appropriate distinctiveness criteria. This federal system governs goods and services distributed via interstate commerce, and operates alongside state level trademark registration systems. [81] [82 ...
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 ...
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.
However, like trademarks, service marks must pass a test of distinctiveness for it to be qualified as a service mark. [4] For example, Thrifty, Inc. attempted to submit a service mark application that described aspects of their business (uniforms, buildings, certain vehicles) as "being blue". The application was rejected for not being specific ...
A trademark is a symbol, word, or words legally registered or established by use as representing a company, product or service. [1] [2] Unregistered trademarks can instead be marked with the trademark symbol, ™, while unregistered service marks are marked with the service mark symbol, ℠.
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