Yes. A trademark may be transferred at any time. It may be transferred before an application for registration is filed, while an application is pending, or after registration. If the transfer occurs after filing an Intent-to-Use application, then it may be necessary to wait until an Amendment to Allege Use or a Statement of Use
Can a trademark be transferred while a registration application is pending? Read More »
Additional fees are charged if you provide insufficient information in your application. There is also an extra charge if you use the free-form text box instead of the Trademark ID Manual to identify goods and services. If you use the free-form text box instead of the Trademark ID Manual, you are allowed up to 1,000
A Statement of Use and an Amendment to Allege Use accomplish the same objective: notifying the USPTO that an intent-to-use applicant is now in compliance with the “use in commerce” requirement for a valid trademark. The difference is in when the filing occurs. An Amendment to Allege Use can only be filed between the date
What is the difference between a Statement of Use and an Amendment to Allege Use? Read More »
Trademark applications may be based on either use or intent to use. A trademark application must indicate whether the application is based on use of the mark in commerce or intent to use the mark in commerce. A use-based application must include a specimen of use. A specimen of use does not need to be
Yes. Although a registration certificate will not be issued until the trademark is in use in commerce, an application to register one with the USPTO may be filed before use begins. An application to register a trademark with the USPTO may be based on either use or intent to use the trademark in commerce. That
Can I apply to register a trademark before I start to use it? Read More »
The presumption of abandonment that arises from three consecutive years of nonuse may be rebutted by proof of intent to resume use. Simply asserting an intention to resume use at some indefinite time in the future, however, probably will not be enough to overcome the presumption. The presumption may be overcome by providing a valid
What does it take to overcome the presumption that a trademark has been abandoned? Read More »
