What is a trademark filing basis?
What is a “filing basis”? A “filing basis” is the basis in the Trademark Act upon which you have filed your trademark or service mark application with the United States Patent and Trademark Office (USPTO). You must include one or more filing bases in an application.
What is trademark filing basis 1b?
A 1(b) intent-to-use trademark application is the proper type of USPTO filing basis (not based on a foreign filing) for situations where there is No use of mark yet* but a bona fide intention to use the mark on the all of the goods or services listed in the application.
Do trademarks apply retroactively?
Regardless of when your trademark is actually approved – when the process ends – upon approval, you’re entitled to protection retroactive to the initial date of filing. That’s an important part of establishing priority of usage if any disputes should arise during or after your trademark application period.
What is a Section 15 trademark Filing?
A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. This declaration can only be filed for trademarks that are registered on the Principal Register.
How long does a 1b trademark last?
Within one year before the end of every 10-year period after the registration date, or within six months of the end of the 10-year period, you must file a Combined Declaration of Use or Excusable Nonuse/Application for Renewal under Sections 8 and 9 and pay applicable fees.
What is trademark 1a?
Actual Use Application: A Section 1(a) Actual Use Application is an application used by an applicant that is currently using their trademark in commerce in relation to the goods and/or services they offer or sell.
Can you expedite a trademark application?
There are two ways to expedite a trademark application. Both require filing a request or petition to do so. Alternatively, an application can petition the Director of the USPTO to make their application special. If granted, the USPTO examines the application out of the regular order and essentially moved to the front.
When can I enforce my trademark?
Your trademark is your brand, your reputation and a beacon for your customers in a crowded marketplace. If you discover that another company or person is infringing on your trademark, you can and should take action to enforce your rights.
What is a Section 9 trademark filing?
As stated above, a Section 9 is an application to renew the trademark registration. Section 9 of the Trademark Act, 15 U.S.C. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration.
What is a Section 71 affidavit trademark?
The Section 71 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a registered extension of protection in the United States under the Madrid Protocol.
How many filing basis do I need for my trademark application?
You must specify at least one filing basis in your trademark or service mark application. If your application does not clearly include a filing basis, the USPTO will require that you amend your application to add one of the four bases mentioned above. What are the requirements for each filing basis?
What are the different trademark bases for my application?
In your application, you may select from four possible bases: Use in commerce basis (under Trademark Act Section 1 (a)) – you are currently using your mark in commerce with your goods and/or services.
What is the legal basis for registering a trademark?
In addition to an acceptable filing basis, you must also establish a registration basis, a legal basis upon which you can register your mark. There are two registration bases –use in commerce under Section 1 (a) and a foreign registration under Section 44 (e).
How long does it take to get a trademark after filing?
Most filings made through TEAS are uploaded into the USPTO’s Trademark Status and Document Retrieval (TSDR) system within four to five business days. If that amount of time has passed and your filing is still not appearing, contact the Trademark Assistance Center .