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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.
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.
The trademark registration process with the USPTO generally follows these steps: [83] Application: A trademark application is filed after completing a clearance search to identify any potentially conflicting marks. [84] Examination: An examining attorney reviews the application to ensure it meets legal requirements and that the trademark is ...
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 ...
Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [4] Catseye Originally a trademark for a specific type of retroreflective road safety installation. [5] The IP belong to Reflecting Roadstuds Ltd. and was registered by Percy Shaw. [6 ...
Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed. [2]
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