It all starts with the application.
In the application, you tell the trademark
office what trademark you want to protect and the goods or services which are
covered by your trademark. In the application, you specify who owns the
trademark, what the trademark is, and the goods or services you are using the
trademark with.
There are different types of applications:
IN USE APPLICATION
An in use application means that you are
currently using the trademark to promote and sell your goods or services. When
you file an in use application you need to submit a specimen of your use as
part of your application.
INTENT TO USE APPLICATION
An intent to use application means that you are
not currently using the trademark to promote and sell your goods and services
but that you intend to. When you file an intent to use application you do not
need to submit a specimen with your application. The USPTO will examine your
application. If your application is allowed then you will be required to submit
a specimen at a later time before registration. There is an additional fee due
to the USPTO at the time you submit your specimen.
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