Application Trademark - Law Dictionary

application (trademark)

application (trademark) Document by which a person requests a federal trademark registration. To receive a filing date, an application must include (1) the applicant's name, (2) a name and address for correspondence, (3) a clear drawing of the mark sought to be registered, (4) a list of the goods or services, and (5) the application filing fee. Source: U.S. Patent and Trademark Office ...

informal application

informal application A trademark 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. Source: U.S. Patent and Trademark Office ...

eteas

eteas The USPTO's "electronic Trademark Examination Application System" - electronic trademark filing system. It allows the public to complete various trademark filings and transactions on-line. Source: U.S. Patent and Trademark Office ...

blackout period

blackout period The period between the date the USPTO's examining attorney approves a trademark for publication and the date of issuance of the Notice of Allowance from the USPTO. The applicant may not file an Allegation of Use during this period. Source: U.S. Patent and Trademark Office ...

intent to use

intent to use Applicants who have not yet used the trademark they wish to register may file an "intent to use" trademark application. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicants have a bona fide intention to use the mark in commerce. Source: U.S. Patent and Trademark Office ...

use-based application

use-based application There are four filing bases on which a trademark 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. Source: U.S. Patent and Trademark Office ...

allegation of use

allegation of use a sworn statement signed by a trademark applicant (or a person authorized to sign on behalf of the applicant) attesting to use of the mark in commerce. The allegation of use must include one "specimen" showing use of the mark in commerce for each class of the goods/services included in the application, and the required fee. Source: U.S. Patent and Trademark Office ...

international application

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. Source: U.S. Patent and Trademark Office ...

statement of use

statement of use A sworn statement signed by a trademark applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. Source: U.S. Patent and Trademark Office ...

madrid protocol

madrid protocol The "Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks" (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application." Source: U.S. Patent and Trademark Office ...

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