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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.
Each trademark record provides details such as the trademark name, owner's name and address, registration and expiration dates, class information, status, and associated documents. Users can review the trademark's legal status and download relevant documents for further analysis and reference.
If approved, the trademarks are registered on either the Principal Register or the Supplemental Register, depending upon whether the mark meets the appropriate distinctiveness criteria. This federal system governs goods and services distributed via interstate commerce, and operates alongside state level trademark registration systems. [82] [83 ...
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 ...
The Trademark Trial and Appeal Board's decision on an issue triggers issue preclusion for a district court's judgment when the district court decides an issue overlapping with the TTAB's analysis of a registration application, and the Lanham Act does not bar such preclusive effect. Matal v. Tam: 582 U. S. ____ June 19, 2017 8–0 Substantive
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
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