Call - (203) 809-9490
What is a federal trademark registration filing basis?
Generally, the filing basis of a federal registration application is a description of the use of the mark. Domestic marks will fall into either a filing basis of 1A or 1B.
What is a 1A federal trademark registration filing basis?
A 1A filing basis indicates the mark is currently being used in interstate commerce. A 1A filing basis is also called a “Use in Commerce Basis.”
What is a 1B federal trademark registration filing basis?
A 1B filing basis indicates the mark has not been used in interstate commerce but there is an intent to use the mark in interstate commerce. A 1B filing basis is also called an “Intent-to-use Basis.”
How long does it take for a federal trademark registration application to be approved?
The approval time varies. Applications with a 1A basis tend to be approved earlier than 1B basis applications. The peak time of approval for 1A basis applications occurs at 6 to 9 months. The peak time of approval for 1B basis applications occurs at 12 to 15 months. Although, those stated approval times may be longer because there has been a steady increase in applications to the trademark office in the past few years and the numbers given were taken from a case study done with applications filed at the beginning of 2017 (click here for further information about the case study referenced, case study performed by the Law Office of John B. Hudak).
What is trademark infringement?
One can commit trademark infringement if that person uses a mark, which is the same as -- or similar to another mark -- that will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.
What action can be taken against trademark dilution?
Under the Trademark Dilution Act 15 U.S.C. 1125(c), if a mark is used which impairs the distinctiveness of a famous mark or harms the reputation of a famous mark, the owner of the famous mark can obtain an injunction to stop the other user from using the mark. This injunction can occur “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” 15 U.S.C. 1125(c)
What are acceptable specimens indicating use of a mark for applications or other submissions to the USPTO?
For goods, a trademark specimen can be a scanned copy, photograph, or other reproduction of: (a) a label, tag, or container (TMEP 904.03); (b) a commercial display directly associated with the good (TMEP 904.03(g)); or (c) a webpage which "(1) contains a picture or textual description of the identified goods; (2) shows the mark in association with the goods; and (3) provides a means for ordering the identified goods" (TMEP 904.03(i)).
For services, a servicemark specimen should show the mark in the sale, rendering, or advertising of the services. The mark should be in direct association with the services. Acceptable specimen examples are: brochures, billboards, websites, etc. (TMEP 1301.04, (a), (f)(ii), h(iv)(C)).
Attorney Advertising. This website is for informational purposes only and is not legal advice. Using this site or communicating with the Law Office of John B. Hudak, PLLC through this site does not form an attorney-client relationship. An attorney-client relationship shall be formed only after a documented and signed written representation agreement is made between a lawyer at the Law Office of John B. Hudak, PLLC and a client. Please do not share any unsolicited confidential information with our law firm by email or phone. This site is legal advertising. Copyright © 2021