US trademark application based on a foreign trademark application or registration? An owner of a foreign trademark filing may apply for the same mark in the US. The most critical issue to determine upfront is whether the foreign filing is a pending application [Section 44(d)] or a registration [Section 44(e)]. If a foreign application is pending, then […]
Articles Tagged: foreign trademark registration
What documents must be filed in a US trademark application based on a Section 44(e) foreign registration?
What is a foreign registration filing basis? An applicant for a U.S. trademark application based on a foreign registration under Section 44(e) must submit a copy of the foreign registration from the applicant’s country of origin as well as an English translation of the foreign registration. Careful attention should be directed to the mark itself, […]
What is a trademark filing basis?
Use vs. Intent-To-Use A trademark application filed with the USPTO must designate at least one filing basis. For most American applicants, the choice boils down to one of the following bases: Actual Use basis under Section 1(a): This is applicable when the applicant has been using the trademark in U.S. commerce at the time of filing for […]