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| Terms: |
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Identification Of Goods
And/Or Services: a written statement of the goods and/or services
included in an application. Every application must include an
identification of goods and/or services. If you fail to list any
recognizable goods or services, the USPTO will return the application
and refund the fee. When specifying the goods and/or services,
applicants should use clear, concise terms, i.e., common commercial
names and language that the general public easily understands.
Please note that the terms in the class headings or short titles of the
classes in the "International Classification of Classes of Goods and
Services" are generally too broad and should not be used alone as an
identification. Also, an international class number alone is never an
acceptable listing. For a listing of acceptable wording for goods and
services. |
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Informal Application: An application that
has been filed without one or more of the elements required to receive a
filing date. The USPTO will return informal applications to applicants.
Please see the entry for “application” above for a list of the required
elements. |
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Intent to Use: Prior to November 16, 1989,
trademark applications which were filed with the U.S. Patent and
Trademark Office had to be based on actual use in commerce. This meant
that proof of use had to be submitted when the application was filed.
With the passage of the Trademark Act of 1988, filings can now be made
by stating an intention to use the mark and filing on the Principal
Register. This allows a party to establish a priority date and have the
mark examined and published for opposition before providing proof of
use. |
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Intent for Use Application: If actual use
of the mark in commerce that the U.S. Congress can regulate (i.e.,
interstate commerce, territorial commerce, or commerce between the
United States and a foreign country) has not yet occurred, but instead
there is simply a bona fide (good faith) intention to use the mark in
commerce at a later time after filing of an application. The intention
to use may be by the applicant, the applicant's related company, or the
licensee of the applicant. If filing under this basis, you will be
required to submit a demonstration of use (i.e., submission of a form
with an additional fee and a specimen (sample) of said use) later in the
prosecution process of the application. This was enacted in 1989 in the
United States.
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International Application:
allows a trademark owner to seek registration in any of the countries
that have joined the Madrid Protocol by filing a single application. |
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