Frequent question: What is trademark filing basis 1B?

What Is a “Filing Basis”?

What is a filing basis trademark?

What is a “filing basis”? A “filing basis” is the basis in the Trademark Act upon which you have filed your trademark or service mark application with the United States Patent and Trademark Office (USPTO). You must include one or more filing bases in an application.

What is trademark filing basis 66a?

The holder of an international registration may file a request for extension of protection of that registration to the United States under §66(a) of the Trademark Act, 15 U.S.C. … The USPTO refers to a request for extension of protection to the United States as a “§66(a) application.” 37 C.F.R.

Is 1B intent to use?

Intent to Use Application: Conversely, a Section 1(b) Intent to Use Application is just that, an application filed based upon an intent to use a particular name. In other words, it is an application filed by an Applicant who is not yet using their trademark in commerce but has plans to do so in the future.

What is a Section 15 trademark Filing?

A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. … This declaration can only be filed for trademarks that are registered on the Principal Register.

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How much does it cost to register a trademark?

The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

How do I file a statement of use for a trademark?

You can file a trademark statement of use online using the Trademark Electronic Application System, or TEAS. The online form asks for the following: The date you first used the mark. The date when you first used the mark in commerce.

How do you trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

How long does a trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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How long does it take to get a trademark approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Can you challenge an incontestable trademark?

After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.

How do you maintain a trademark?

Maintain Registration

Five years after you register your trademark with the USPTO you must file proof with the USPTO that you have continued to use that mark. Every ten years after you register your trademark with the USPTO you must file proof with the USPTO that you have continued to use that mark.