Stephen J Rock wrote:
> I think I read somewhere (once upon a time) that before one could register a trademark, it had to be used on a product for some time (a year?). Does this ring true in your experience, or in the case of these trademarks you reference?
Hello Steve (and any other interested parties):
Here are some basic facts on US Trademark Registration:
General Trademark Filings require a PTO application form; a drawing of
the mark; filing fees; and three specimens of prior use of the mark in
commerce (within each class of goods or services applied for). Use in
Commerce is defined as a "bona fide use in the ordinary course of trade"
(these include: packaging, labeling, corporate documents, business
cards, advertisements, etc. However, promotional or advertising
literature alone is not sufficient). There is NO minimum period of use
required for application.
Filing fees are $245 for EACH CLASS of good or services registered.
(There are 42 potential categories! Therefore, two separate companies
can have the same trademark for use in different industries, depending
on the classes in which they file.)
For an additional $100 filing fee, PER CLASS, applicants who have NOT
yet used the mark in commerce can file based on a "bona fide intention
to use mark in commerce", which requires three additional forms and
subsequent evidence of use within six months of filing. Both MIT and
BPM filed their trademark applications on an "intent to use" basis.
Trademark applications can be refused if there is a conflict or
confusion between the applicant's mark and a registered mark; when marks
are merely descriptive in relation to the good or service; or in some
cases when surnames or geographic terms are utilized in the mark.
The term of a federal trademark registration is 10 years, with 10-year
Fun question ... in another life I was a legislative/regulatory
analyst... responding brought back fond memories...
K. Kaisha Halcli
8550 Lee Highway, Suite 650
Fairfax, VA 22031 USA
703.573.0690 fax 703.849.1206
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