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Recordation
Form Cover Sheet: USPTO
form that trademark owners use to record trademark assignments (changes
in ownership of marks for applications and registrations) and a
trademark owner’s change of entity name. The form is PTO-TM-1594. |
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Registrant: A person owning a
federal trademark registration, including legal representatives,
predecessors, successors, and assigns of such registrant. |
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Registered Mark: A mark may be
considered to be a trademark without being registered. To achieve
"registered" status a trademark owner must file the mark,
symbol or designating emblem with the USPTO according to their
guidelines and pay the registration fee. |
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Registration:
Federal registration of trademarks involves the establishment of rights
in a mark based on legitimate use of the mark. Although federal
registration of trademarks is not required to use a trademark, owning a
federal trademark registration has several advantages, including notice
to the public of the registrant's claim of ownership of
the mark, a legal presumption
of ownership nationwide, the exclusive
right to use the mark on or in connection with the goods or services set
forth in the registration, the ability
to bring an action concerning the mark in federal court,
the use of the U.S. registration as a basis
to obtain registration in foreign countries, and
the ability to file the
U.S. registration with the U.S. Customs Service to prevent importation
of infringing foreign goods. |
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Related Company: The term
"related company" means any person whose use of a mark is
controlled by the owner of the mark with respect to the nature and
quality of the goods or services on or in connection with which the mark
is used. If a trademark is used by a related company, rights inure to
the benefit of the owner of the mark. The key word here is
"controlled." If a company is 100 percent owned, it is
controlled. Otherwise, a license agreement with quality control
provisions is required to show the right of control. |
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Renewals: Trademark registrations
last as long as they are maintained. Renewal is required every ten
years. The owner pays a fee and provides proof of use during the
six-month period before the expiration of the term, or by paying an
additional fee, within three months after the expiration date.If the
renewal is not made, the registration will lapse. However, this doesn't
mean the trademark is abandoned. If the mark is still in use, the party
will still have common law usage rights. If desired, the same or another
party can register, since trademarks, unlike patents, are recyclable,
and rights can be created anew. |
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Representation Of Mark: A clear
depiction of the mark an applicant seeks to register. Every application
must include a representation of the mark. The USPTO uses reprentations
of marks to file marks in the USPTO search records and to print marks in
the Official Gazette (eOG:T) and on registration certificates. For TEAS
applications, if the mark is in standard character form, a separate page
depicting the mark is not required. If the mark is special form, (i.e.,
includes a design or stylized lettering), the applicant must attach a
digitized image of the mark in .jpg format to the electronic submission. |
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Request
For Extension Of Time To File A Statement Of Use: Extension
Request - a
sworn statement signed by the owner or a person authorized to sign on
behalf of the owner, stating that the applicant still has a bona fide
intention to use the mark in commerce, and needs additional time to use
the mark in commerce. A filing fee per class of goods/services must
accompany the Extension Request. The Extension Request, if granted,
gives the owner an additional six (6) months to either: (1) use the mark
in commerce and file a Statement of Use; or (2) file another Extension
Request.
You may continue to file Extension Requests every six (6) months.
However, you must use the mark and file a Statement of Use within three
(3) years of the issue date of the Notice of Allowance. The USPTO will
not register a mark if, after thirty-six (36) months of the issue date
of the Notice of Allowance, a Statement of Use has not been filed.
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Request
To Reinstate An Application:
If an application is abandoned due to a USPTO Office error, an applicant
may file a request to reinstate the application, instead of a petition
to revive. There is no fee for a request for reinstatement. You must
file a request for reinstatement within two months of the issue date of
the notice of abandonment. You must include a true copy of the document
that was timely submitted, and a copy of an acceptable form of proof of
receipt in the USPTO. For a list of evidence that may be considered in
support of a request for reinstatement. |
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