Are trademark rights based on first to use or file?

Are US trademark rights based on first to use or file? Many foreign countries use a first-to-file system for trademark registration and protection. Whoever registers a trademark first has rights regardless of whether they were first to use the mark. In fact, some countries do not require any use to register a trademark or renew […]

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Can you trademark before launching product?

What comes first: filing trademark or launching product? The US trademark registration system is different from the rest of the world. With a few exceptions, one generally must use the mark in connection with goods or services in US commerce in order to obtain a federal trademark registration from the USPTO. Should business owners first […]

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USPTO approval of ITU application before using trademark?

Trademark Office approval not required before using ITU mark There is no legal requirement to wait for USPTO approval of your Intent-To-Use application before you can begin using the mark. If you have started using the mark on all the goods or services in your ITU application, you can file an Amendment to Allege Use […]

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No use of mark before filing trademark application: What happens?

Do-It-Yourself Trademark Filings There are several DIY and semi-DIY trademark services offering to help applicants file their trademark applications with the USPTO. In many cases, we see errors jeopardizing the validity of the registration. These mistakes become fatal if not timely corrected. The result is the sacrifice of the validity of the registration in exchange […]

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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. This is known as trademark priority. There are some exceptions […]

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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 […]

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

What is an Intent-To-Use application? Registration of a trademark generally requires use of the mark in commerce. So how is it possible to apply for registration when a trademark has not yet been used? As implied in it name, an Intent-To-Use trademark application (ITU application) allows an applicant to file an application to register a […]

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