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An application for registration may be based upon "actual use" in commerce (a §1(a) registration) or upon a bona fide intent to use ("ITU") the mark in commerce (§1(b) registration). An ITU application is a placeholder. It will not be allowed to register until the applicant actually begins using the mark in interstate commerce.
Many countries permit marks to cover an entire class without regard to specific descriptions of goods or services. There is a general classification of marks into trademarks, service marks, certification marks and collective marks, each of which have slightly different rules. Within the broad categories of trademarks and service marks there are ...
In either case, the applicant must assert that its mark was used in commerce before the owner of the existing registration, called the "senior registrant", had filed its own application for registration. The applicant must also demonstrate that the marks can both be used in their specific geographic areas without causing a likelihood of confusion.
Use of the Nice Classification by national offices has the advantage that trademark applications are coordinated with reference to a single classification system. Filing is thereby greatly simplified, as the goods and services to which a given mark applies will be classified the same in all countries that have adopted the system.
The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks due to abandonment, non-renewal or improper issuance (the generic term predated the registration). Some marks retain trademark protection in certain countries despite being generic in others.
"AIRCRAFT NATIONALITY MARKS, NATIONAL EMBLEMS AND COMMON MARKS" (PDF). International Civil Aviation Organization. 2023-06-01. Archived (PDF) from the original on 2023-07-22. ICAO (2012). Annex 7, Aircraft Nationality and Registration Marks (PDF) (6 ed.). International Civil Aviation Organization. p. 15. ISBN 9789292490119.
The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at the UK Patent Office for the first time. [54] Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or ...
However, like trademarks, service marks must pass a test of distinctiveness for it to be qualified as a service mark. [4] For example, Thrifty, Inc. attempted to submit a service mark application that described aspects of their business (uniforms, buildings, certain vehicles) as "being blue". The application was rejected for not being specific ...
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