Rejected trademark specimens: What to do

Why trademark specimens of use get rejected Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing […]

Read More

What is a lack of bona fide intent to use?

What is intent to use? In order to understand what something is not, it helps to begin with what it is. Intent to use refers to a trademark applicant’s intention to use a trademark in commerce. This intention forms the basis for filing a trademark application especially when the mark has not yet been used. […]

Read More

What is a trademark registration basis?

Trademark registration basis There are only two bases for a registering a trademark in the US: use in US commerce [Section 1(a) – see TMEP Section 900]; foreign registration [Section 44(e) – see TMEP Section 1004]. A US trademark application cannot mature into a registration without at least one valid registration basis. Since a Section […]

Read More

What is trademark priority?

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce. Whoever was first to sell goods or services under a particular mark will typically be deemed the rightful trademark owner. There are some exceptions to the rule (see below), but […]

Read More

What is a Statement of Use (SOU)?

What is a Statement of Use? An Intent-To-Use (ITU) trademark application does not require any evidence of trademark use at the initial filing. In fact, one of the advantages of an ITU application is that several goods and/or services may be initially identified in the application without providing any specimens or dates of first use […]

Read More

What is an Intent-To-Use (ITU) trademark application?

What is an ITU application? An Intent-To-Use trademark application (ITU application) allows an applicant to apply for a trademark that has not yet been used in commerce. Use in commerce refers to the usage of your trademark in connection with selling or offering the relevant goods or services. After the initial filing, the applicant must […]

Read More