 Trademarks and Service Marks are registered before the United States Patent and Trademark Office. The federal law states that an application will only be granted once it has been used in commerce. However, a trademark owner may file for an application based on an “intent to use”. The following are the types of basis which can be used when filing for a new trademark:
Section 1(a)– Alleging Use: This filing basis is employed once a trademark has already been used in commerce. The USPTO requires that with the filing, the applicant indicate the day of first use of the mark and attach a specimen showing how the mark is used.
Section 1(b) – Intent to use : This filing basis is employed when a trademark owner has yet to use the mark in commerce but is in the process of bringing the mark into commerce.
In these cases, the USPTO will examine the mark and if it determines that it can be registered, it will issue a notice of allowance. After this notice of allowance, the owner of the mark must use the mark and file a specimen showing how the mark is being used in the commerce. The owner may extend the period to present such proofs for up to 36 months through 6 months extensions.
Section 44 (d) – International application: This filing basis is employed when an applicant has applied for a mark in a foreign country that is part of a trademark treaty with the U.S. (See Treaty list of countries). Under these circumstances the owner will have the priority of filing date in the foreign country. This type of application is in most cases transformed into a Section 44 (e) application, once the mark has registered in the foreign country.
Section 44 (e) – International registration : This filing basis is used when an applicant owns a registration in a foreign country member of a treaty with the U.S. In these types of applications, once a trademark is approved for registration there is no need to show use but a statement which states that the owner will use the mark in commerce is sufficient to proceed with registration.
BENEFITS:
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 - A registered trademark owner is authorized to place the ® or TM symbol with its products.
- - A individual or entity who is owner of a registered trademark may recover profits, damages and costs for trademark infringements by unauthorized third parties.
- - In certain situations, attorney’s fees may also be recovered.
- - Ability to inform customs and block the import, export or transit of any good bearing the unauthorized use of the owner’s mark.
- - Build an asset that increase the company’s reliability and net worth.
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REQUIREMENTS
The following are the minimum requirements that an applicant needs to have in order to acquire a trademark registration.
- Applicant's Name
- Applicant's Address
- Goods to be registered
- Manner in which trademark is used
- Date of First use
- Mark to be registered
-Specimen showing how the mark is used.
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General Information 