The Federal Trademark Application Process


A federal trademark application can be electronically filed with the United States Patent and Trademark Office (USPTO) as one of two types: a) a “Bona Fide Intent-To-Use” application; or b) an “In-Use” application. To file as an In-Use application, the trademark needs to be 1) already applied to all of the goods and/or services listed…

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How does a Trademark Examiner Decide to Grant a Trademark?

The initial test applied by an Examining Attorney when evaluating a proposed trademark for registration is whether the proposed trademark is so similar to a previously registered trademark that a “likelihood of consumer confusion” exists. In making this determination, the Examining Attorney must analyze each case in two steps. Step 1:  Are the Marks Similar…

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