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Those items marked with an asterisk (*) below must be submitted in order for the application to receive a filing date. Although the remaining information and supporting documents are not mandatory at the time of filing, they must be submitted before the application will be approved for publication. We therefore suggest that all materials be included with the application as filed, as this may reduce additional costs associated with submitting these materials in a separate filing.
APPLICANT: *Full Name, *Address, and Citizenship (or Place of Incorporation).
TRADEMARK: *The specific mark sought to be registered and a clear print of the mark, if other than a word mark.
GOODS OR SERVICES: *A complete list of the goods and services expressed in Ordinary Commercial Terms. (Only those goods or services in use, or for which there is an intention to use should be stated.)
APPLICATION FORM: Petition, Power of Attorney, Appointment of Domestic Representative (recommended) and Declaration.
The Application Form may be signed by any of the following:
- The individual applicant;
- A company officer or Director;
- A person with legal authority to bind the named applicant;
- A person with first hand knowledge of the facts in the application and actual or implied authority to act on the applicant's behalf.
With respect to applications by a company we recommend signature by an officer or Director of the company or other authorized company employee. Signature by United States or home counsel is permissible, it may, however, create complications if the application is challenged. We are able to file applications electronically under our signature. In these instances, we prefer also to have an application filed by the owner of the mark for our records.
A telefax copy of a signed form is acceptable.
BASIS FOR FILING:Applications can claim any combination of the bases listed below, and may claim different bases for different goods and services. The only restriction is that both use in commerce (A) and intention to use (B) may not be claimed for the identical goods or services. Multiple classes can be included in a single application but there must be a basis for each class. Although it is not necessary to claim a basis when the application is submitted, the selection of a basis at the time of filing is recommended.
- Use in Commerce the United States will require prior to approval for publication:
- The date of first use in any country;
- The date of first use in Commerce in the United States;
- Two specimen labels (one is filed), duplicates of those in use, showing the mark as used. For goods, provide duplicates of the actually used labels, tags, containers or the displays associated therewith (or when the specimens are bulky or large, photographs showing the mark). For services, provide advertisements or sales brochures showing the mark and services.
- Bona fide intention to use the mark in commerce, in or with the United States. (Actual use in the United States will be required before registration will be granted.)
- Home Application no more than six (6) months old, with a Convention Priority Claim will require prior to approval for publication:
- A photocopy of or full details of the home application, including the number, date, goods or services (A certified copy is not necessary, but a certified copy of the resulting registration will be required before registration will be granted.)
- A Statement of Bona Fide Intention to Use the mark in Commerce in the United States.
- Home Registration, will require prior to approval for publication:
- A copy of Home Registration - showing current active status. It is no longer necessary to provide a certified copy;
- If the Home Registration is in a language other than English, an English translation of the registration is required.
- A Statement of Bona Fide Intention to Use the mark in Commerce in or with the United States.
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