Do I need to register or apply for a trademark before using it?

There is no requirement to apply for a trademark prior to using it. Trademark rights in the U.S. are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file with the exception of Intent-To-Use applications that ultimately mature into registrations. If you’re […]

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What is trademark use in commerce?

What is use in commerce? To establish trademark rights in the U.S., a trademark owner must be the first to use a mark in commerce on particular goods or services.  In a trademark application for federal protection, the USPTO will ask for the date the mark was first used anywhere, and the date the mark […]

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What are substantive vs. non-substantive trademark Office Actions?

What is a non-substantive trademark Office Action? Non-substantive trademark Office Actions are letters issued by USPTO examining attorneys that do not necessarily refuse registration of the mark. Such Office Actions typically do not require significant legal research or argument. For example, any of the following reasons may lead to a non-substantive Office Action (what I […]

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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 […]

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