What is a Section 1(a) use-based trademark application?

What is a use-based trademark application? A trademark application must always identify whether the mark has already been used on the goods or services. One common problem is that trademark filers think their mark has been used when, in fact, the opposite is true. The question of whether a trademark has actually been used can […]

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What is a trademark registration basis?

What is a trademark registration basis? A trademark registration basis provides the reason for why your mark should be registered. 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 […]

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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 […]

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