Questions & Answers

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In the Anticybersquatting Consumer Protection Act ("ACPA"), what will a Court Consider when Hearing a Case?

The following nine factors that are outlined in the statute along with additional factors presented: 1. the registrant’s trademark or other intellectual property rights in the domain name; 2. whether the domain name contains the registrant’s legal or common name; 3. the registrant’s prior use of...

Must I register my trademark?

No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits. For more information, see here: https://www.uspto.gov/trademark These materials were...

What is a drawing?

The "drawing" is a clear image of the mark applicant seeks to register. The USPTO uses the drawing to upload the mark into the USPTO search database and to print the mark in the Official Gazette and on the registration certificate. There are two types of drawings: “standard character” and “special...

What is a specimen?

A specimen is a sample of how you actually use the mark in commerce on your goods or with your services. A specimen shows the mark as your purchasers encounter it in the marketplace (e.g., on your labels or on your website). For more information, see here: https://www.uspto.gov/trademarks These...

What is the difference between “use in commerce” and “intent to use” in commerce?

The basic difference between these two filing bases is whether you have used the mark on all the goods/services. If you have already used your mark in commerce, you may file under the “use in commerce” basis. If you have not yet used your mark in commerce, but intend to use it in the future, you...