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An acceptable specimen must: Be a real example of how you use your trademark in commerce in providing your goods or services (not a mock up, printer's proof, digitally altered image, rendering of intended packaging, or draft of a website that shows how your mark might appear).
To register your trademark, you'll need to provide evidence that you're using it in commerce. This means you'll need to submit a specimen showing how you use your trademark. You'll also need to provide the date you first used your trademark in commerce and the date you first used it anywhere.
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Steps in Assigning a Trademark Draft an assignment agreement and have it signed by both parties. ... Fill out the Recordation Form Cover Sheet, which can be completed online. ... Submit both the agreement and the cover sheet to the USPTO's Assignment Recordation unit.
- a verified statement of a bona fide intention to use a mark in commerce (in the event of an intent-to-use application); - filing fee for at least one class of goods or services. The submission of the Power of Attorney is not required when registering US trademarks.
What Are Trademark Requirements? Provide your name and address as owner of the trademark. State the entity type (individual or corporation) and your national citizenship. Demonstrate actual use or a real intent to use the trademark in commerce. Give a detailed description of the product being trademarked.
The USPTO recording fee is $40 for the first mark, and $25 for each subsequent marks. For multiple marks, we can draft a single trademark assignment to be signed only once. The executed trademark assignment must then be properly recorded against each trademark to be transferred.
SECTION 39-15-1105. Definitions. As used in this article: (1) "Applicant" means the person filing an application for registration of a mark under this article and the legal representatives, successors, or assigns of that person.