What is a Section 15 in trademark filing?

A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. Following the filing of a Section 15 declaration, the trademark becomes incontestable.

Is US First to file trademark?

Some countries, such as the United States and Canada, follow the first-to-use trademark system, under which marks that are actually used in commerce first are assigned trademark rights and given priority in their territory of use.

Can I use TM without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What factors would the USPTO consider when refusing to register a trademark?

The USPTO will also refuse registration of a proposed mark for many other reasons, including but not limited to the mark being: a surname; geographically descriptive of the origin of the goods/ services; disparaging or offensive; a foreign term that translates to a descriptive or generic term; an individual’s name or …

What is a Section 9 trademark filing?

Section 9 of the Trademark Act, 15 U.S.C. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration.

When can you file a section 15 declaration?

The Section 15 Declaration may only be filed if (1) the mark is registered on the Principal Register (not the Supplemental Register), (2) the mark is still in use in commerce, and (3) the mark has been in continuous use for five consecutive years subsequent to the date of registration.

How do you prove a trademark is first used?

Generally, you will be required to verify your dates of first use with a supporting affidavit or declaration under 37 C.F.R. §2.20 when (1) you make changes to the dates of first use, or (2) you provide dates of first use after such dates were initially omitted in the application or allegation of use.

What should I trademark first?

The trademark owner is typically going to be the one who is using the trademark. If the plan is to form an LLC to operate your business using that trademark, then the LLC would be the trademark owner. So the LLC needs to exist before the application is filed. Let’s say we file the application for the trademark first.

Should I use TM or R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

What is the difference between SM and TM?

TM or SM are for unregistered marks only. Use TM for marks that represent goods and SM for marks that represent services. If your mark covers both goods and services, use TM. The federal registration symbol, ®, is only for marks registered with the USPTO.

What are the Lapp factors?

The Lapp factors include: (1) similarity of the marks; (2) strength of plaintiff’s mark; (3) sophistication of consumers when making a purchase; (4) intent of defendant in adopting the mark; (5) evidence of actual confusion (or lack thereof); (6) similarity of marketing and advertising channels; (7) extent to which the …