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Trademark Terms - I

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• Identification Of Goods And/Or Services
• Informal Application
• Intent to Use

• Intent for Use Application
• International Application

Identification Of Goods And/Or Services: a written statement of the goods and/or services included in an application. Every application must include an identification of goods and/or services. If you fail to list any recognizable goods or services, the USPTO will return the application and refund the fee. When specifying the goods and/or services, applicants should use clear, concise terms, i.e., common commercial names and language that the general public easily understands.

Please note that the terms in the class headings or short titles of the classes in the "International Classification of Classes of Goods and Services" are generally too broad and should not be used alone as an identification. Also, an international class number alone is never an acceptable listing. For a listing of acceptable wording for goods and services.

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Informal Application: an application that has been filed without one or more of the elements required to receive a filing date. The USPTO will return informal applications to applicants. Please see the entry for “application” above for a list of the required elements.

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Intent to Use: Prior to November 16, 1989, trademark applications which were filed with the U.S. Patent and Trademark Office had to be based on actual use in commerce. This meant that proof of use had to be submitted when the application was filed. With the passage of the Trademark Act of 1988, filings can now be made by stating an intention to use the mark and filing on the Principal Register. This allows a party to establish a priority date and have the mark examined and published for opposition before providing proof of use.

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Intent for Use Application: If actual use of the mark in commerce that the U.S. Congress can regulate (i.e., interstate commerce, territorial commerce, or commerce between the United States and a foreign country) has not yet occurred, but instead there is simply a bona fide (good faith) intention to use the mark in commerce at a later time after filing of an application. The intention to use may be by the applicant, the applicant's related company, or the licensee of the applicant. If filing under this basis, you will be required to submit a demonstration of use (i.e., submission of a form with an additional fee and a specimen (sample) of said use) later in the prosecution process of the application.  This was enacted in 1989 in the United States .

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