Trademark Application Process

A trademark application is used to register a trademark or service mark at the international, federal or state level.  International registration applications are handled by the International Bureau of the World Intellectual Property Organization.  Federally, in the United States, trademarks are registered in the U.S. Patent and Trademark Office.  Typically, at the state level, the department of state handles trademark registrations.

In the U.S., federally registered trademarks are the most common.  An application for a U.S. trademark can be based on actual use of a mark in interstate commerce or on an intent-to-use a mark in interstate commerce.  In an actual use trademark application, the mark is registered in one or more classifications of goods/services and a specimen(s) of actual use must be submitted to show current use of the mark in commerce.  For an intent-to-use trademark application, the mark is applied for in one or more classifications of goods/services, but a specimen(s) of actual use is not immediately required when the application is approved.  An applicant for an intent-to-use trademark registration can “buy time” (typically in 6 month increments) before submitting a specimen(s) showing current use of the mark in commerce.  An actual use trademark application is called a “1a” application, while an intent-to-use application is called a “1b” application, based on the section numbers of U.S. trademark law.

There are other types or basis for U.S. trademark registration applications.  For example, an applicant who has a foreign trademark can file for a U.S. trademark using the foreign mark as the basis.  These trademark applications are commonly called “44d” or “44e” applications.  Similarly, an applicant having an international trademark registration can apply for a U.S. trademark using the international registration as the basis.  A U.S. trademark application based on an international registration is called a “66a” application.

 

See also:

Trademark

Trademark Registration

 

 

Related links:

Useful Links – U.S. Patent and Trademark Office

Filed under the Intellectual Property Law category.

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