What is basis for filing?
Basis for Filing specifies the basis on which the applicant files the application for registration of the mark. The main types of “Basis for Filing” are (a) use in commerce and (b) intent to use.
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What is the difference between a word mark and design mark?
What is the difference between a word mark and design mark?
A word mark is “text only,” which means you seek to protect the word, or words, only – not the way they look. Word mark protection generally provides the broadest trademark protection. A design mark, or “stylized design,” seeks to protect an actual logo, or the specific styling of your text or name.
When can I use the symbols TM, SM and R?
When can I use the symbols TM, SM and ®?
You can start using the TM and SM from the moment you decide to claim your rights on a mark. However, the federal registration symbol “®” can only be used after the USPTO actually registers the mark, and not even while the application is pending. The registration symbol can be used with the mark only on or in connection with the goods and services listed in the federal trademark registration.
What do the symbols tm, sm and r signify?
What do the symbols TM, SM and ® signify?
Any time you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol “®” only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
Can I Reserve a mark without actually using it?
Can I reserve a mark without actually using it?
Yes. If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith, or bona fide, intention to use the mark in commerce. You do not have to use the mark before you file your application. An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. The applicant will have to file the “Allegation of Use” form to establish the legitimate usage of the mark in commerce.
Why Should A Mark Be Registered?
Why Should a mark be registered?
Trademark registration on the Principal Register provides exclusive rights to prevent unauthorized use of the trademark. The main benefits of registering a trademark are that, it provides: a) constructive notice to the public of the registrant’s claim of ownership of the mark; b) a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; c) the ability to bring an action concerning the mark in federal court; d) the use of the U.S registration as a basis to obtain registration in foreign countries; and e) the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
What Is A Collective Mark?
What is a Collective Mark?
A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark, which indicates membership in a union, an association, or other organization.
What Is A Certification Mark?
What is a certification mark?
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone’s goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
What Is A Service Mark?
What is a Service Mark?
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this website, the terms “trademark” and “mark” refer to both trademarks and service marks. A service mark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a service.
What Is A Trademark?
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A trademark can be as wide and varied as a brand name, logo, a shape, letters, numbers, sound, smell, color or any other aspect that renders a unique and distinct image to a product.