|
|
|
|
<<
back | next >>
|
|
|
|
|
| Terms: |
|
|
Uncontrolled Licensing: A trademark owner
has the duty to control the nature and quality of goods sold under his
mark. When a trademark is licensed to another party, the licensor must
exercise quality control of the goods produced. If the licensor fails to
control quality, the mark may lose significance as an indication of
origin and be found to have been abandoned. |
|
back
to top
|
|
|
United States: The United States includes
all territory which is under its jurisdiction and control. |
|
back
to top
|
|
Use-Based Application: There are 4 filing bases on which an application
may be based. One filing basis is use of the mark in commerce (the other
three are filing based on an intent-to-use the mark in commerce, filing
based on a pending foreign application, and filing based on a foreign
registration). Applicants who file based on use in commerce must be
using the mark they wish to register with the goods or services in the
application prior to or at the time of filing the application.
To base the application on the applicant’s use of the mark in commerce,
the applicant must submit the following four items: (1) A statement that
the mark is in use in commerce, as defined by 15 U.S.C. §1127, and was
in use in such commerce on or in connection with the goods or services
listed in the application on the application filing date; (2) The date
of the applicant’s first use of the mark anywhere on or in connection
with the goods or services; (3) The date of the applicant’s first use of
the mark in commerce as a trademark or service mark; and (4) One
specimen for each class showing how the applicant actually uses the mark
in commerce. If the specimen is not filed with the initial application,
applicant must submit a statement that the specimen was in use in
commerce at least as early as the application filing date. These items
must be verified by the applicant, i.e., supported either by an
affidavit or by a declaration under 37 C.F.R. §§2.20 and 2.33. Trademark
Act Section 1(a), 15 U.S.C. §1051(a); 37 C.F.R. §§2.34(a)(1) and
2.59(a); TMEP §806.01(a). |
|
back
to top
|
|
Use in Commerce: For the purpose of obtaining federal registration,
"commerce" means all commerce that the U.S. Congress may lawfully
regulate; for example, interstate commerce or commerce between the U.S.
and another country. "Use in commerce" must be a bona fide use of the
mark in the ordinary course of trade, and not use simply made to reserve
rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the
goods, or displays associated with the goods, and the goods must be sold
or transported in commerce.
For services: the mark must be used or displayed in the sale or
advertising of the services, and the services must be rendered in
commerce. If you have already started using the mark in commerce, you
may file based on that use.
A "use" based application must include a sworn statement (usually in the
form of a declaration) that the mark is in use in commerce, listing the
date of first use of the mark anywhere and the date of first use of the
mark in commerce. A properly worded declaration is included in the USPTO
standard application form. The applicant or a person authorized to sign
on behalf of the applicant must sign the statement. The application
should include a specimen showing use of the mark in commerce. |
|
back
to top
|
|
|
