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Can an applicant register a trademark on the basis of either use or the intent to use the mark in commerce?
Wiki User
∙ 16y ago
No. Under US practice, an APPLICATION can be filed for intent to use (ITU), but a registration requires certified proof of ACTUAL use in U.S. commerce of the identical mark proposed in the application. It sometimes takes a year or two to obtain an official USPTO publication of the proposed mark, and an ITU application will permit the owner to continue to "reserve" the mark for a limited time, if actual use has not yet begun, upon payment of extension fees.
Wiki User
∙ 16y ago
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Can you earn money with a trademark?
A "trademark" has to be associated with a valid saleable product. If the product doesn't make money then you won't either.
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What is an intervening applicant?
An intervening applicant refers to a rule in the US court system that says that an applicant can intervene in one of two situations. Either a) the applicant has the right to intervene when a federal statute gives the applicant the right to intervene unconditionally or b) the applicant can intervene if they have an interest of some kind that relates to the property or subject of the lawsuit. See the related links for more information.
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why can't you vote in the primary election for either a democrat or a republican if you register as a republican? would it not be better to register as a democrat and be able to vote either way than to register as a republican and be limited?
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Go to Wolfquest.org, click either community or register, then fill in the blanks.
How do you trademark a design?
As soon as you use the quote or phrase in commerce, for example as a business slogan, it is protected by common law; you should formally register it with the trademark office as soon as is reasonably possible.
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What does commrence mean?
You probably mean either commence or commerce.
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Trademarks can be either registered ® or unregistered ™ (common law)
Trademark Protection?
A trademark refers to the symbol, name or device associated with the source of goods on the market to distinguish those goods from others. A business receives trademark rights from the U.S. Patent and Trademark Office to prevent others from using a similar mark that could be confused with the business; however, the trademark does not prevent other businesses from making or selling the same goods or services. A business might also register a trademark with the state where its headquarters is located. Rights are established based on legitimate use of the mark in a commercial setting even if a business does not register the trademark. Registration with a state or federal agency helps to establish the date use of the trademark began in a legal proceeding. Rights to a trademark are claimed by a 'TM' designation without filing an application for registration. Legitimate use of a trademark is referred to common law rights. The first person to either use the trademark or to file an intent to use application will have the ultimate right to the trademark. The federal registration symbol '®' can only be used on goods and/or services connected with the registration once the U.S. Patent and Trademark Office registers the mark. A trademark has to be distinctive enough for customers to recognize a product in the marketplace. Sometimes referred to as strong trademarks, these are creative or extraordinary marks such as Yahoo. A strong trademark is also established from a marketing blitz or a long-standing familiarity with the public. The trademark has to do more than simply describe a feature or the quality of goods and/or services. These are considered weak and are not protected by trademark law. Technically, the business name is not a trademark or entitled to trademark protection. The name is called a trade name and is used on signage, letterhead and invoices. The exception is if the trade name is on a product or service under trademark protection. However, a trade name that is not used on a product or service may still receive some protection under state laws based on the business formation. The owner of a trademark can stop illegitimate use of the mark through the courts. The public purchases products and/or services based on trademarks that are recognizable. Trademark law prevents an overlap that may confuse the public about the origin of the product and/or service. A conflict may not exist with a similar trademark between two companies that have different products and/or services.
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Definitions for Greek commerce and trade?
The definitions for commerce and trade are the same, no matter what culture they are referring to. Trade is an exchange of goods, either for money or for other goods. Commerce is the entire economy of a nation.
