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USPTO trademark requirements
Posted by Anonymous . updated on 2/26/2009
I have been reading about T.M.'s on the USPTO website. From what I gather, you must have a product or service in use before the mark can be registered. So if someone has a patent or patent pending on a device and is looking to license to a company, they can't register a T.M on the device until the device is on the market? So the initial products that the company sells would have the "mark" on it without the (R) ,then you have to send the proper proof of sale "allegation of use" on a "specimen" before the USPTO will register it? So you can't get a registered trademark until atleast one product sells that has the mark. Wow, I was hoping you could apply for patent and get a registered trademark and then try to license to a company. Is there any way around this? Thanks Dave
Answers (1)
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Isaac
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You can obtain an "Intent To Use" for a mark. It is not a registration, but it will hold a place in the PTO for a period of time until you use the mark in commerce. It also allows you to "back date" your use date to your application for the ITU.
But is a product name with no good will attached to it all that valuable a commodity?
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