The requirements for establishing a basis for registration of a trademark or service mark under §44(e), relying on a registration granted by the applicant’s country of origin, are: The applicant must submit a true copy, a photocopy, a certification, or a certified copy of the registration in the applicant’s country of origin, and, if the…
Claiming foreign priority under Section 44(d) applies if an eligible applicant files the U.S. application claiming §44(d) priority within six months of filing the first application to register the mark, the filing date of the first-filed foreign application is the effective filing date of the U.S. application. The priority filing date also constitutes a constructive…
Use in commerce means using your trademark in selling or transporting your goods out of state or in providing services to customers who live outside your state. For example, you might grow wheat in Kansas and sell it to buyers in Massachusetts or Mexico. Or you might provide website design services from your home in…
Filing a federal trademark application may vary depending on “basis” to five types including: Actual Use under Section 1(a); Intent to Use under Section 1(b); claiming foreign priority under Section 44(d); claiming foreign registration under Section 44(e); and Madrid Protocol extension under Section 66(a). Actual Use Basis under Section 1(a) requires proof of use of…
Intent to use means that you haven’t started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years. For example, you might intend to make and sell wallets, but you’re just at the point of sourcing your materials. That is, you haven’t started…
A patent examiner is a federal employee who examines patent applications to determine whether or not a patent can be granted for various new inventions, many of which are on the cutting edge of tomorrow’s technological breakthroughs. As a patent examiner, you will search prior art to ensure that an invention is new and unique.…