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 »
Yes. The USPTO can cancel a registration for a particular class or classes of goods or services while leaving the registration intact for another class or classes of goods or services. The Trademark Modernization Act allows the USPTO to expunge or reexamine specific classes of claimed use that lack evidence of actual and continuing use
A specimen of use is a real-life sample showing how the mark is being used in commerce as a trademark. It might include a photograph of a product tag or a screenshot of a web page where a service is being sold. It cannot be a mock-up, digitally-altered image, artist’s rendering, etc. A specimen of
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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 »
An intent-to-use trademark applicant must file a Statement of Use or Amendment to Allege Use within six (6) months of the mailing date of the Notice of Allowance. If more time is needed, a six-month extension may be requested. Up to 5 consecutive 6-month extensions may be requested. This means that the absolute maximum amount
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 »
No. Registering a trademark is optional, not mandatory. In the United States, a trademark arises from use, not registration, so it is possible to own a valid trademark without registering it. Until a trademark is registered, it is called a “common law ” trademark. A common law trademark may be enforced in court without registering
Is trademark registration necessary? Read More »
A trademark clearance search is a check to see if a particular brand name, logo, slogan or other source identifier is already being used as a trademark. It is typically conducted prior to applying to register a trademark, to ensure that time and expense are not wasted trying to register a mark that is confusingly
What is a “trademark clearance search”? 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 »
