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Trademark FAQs - related questions & answers

Question: If I do not have examples of my mark as of yet, may I still submit my application?

Answer:
No. The mark must be in use before a trademark or service mark application can be submitted. Two working examples of the mark must be submitted with the application.


Question: What is the trademark owner's perspective on the treaty?

Answer:
The TLT saves time and money in the preparation and filing of documents for the application. It streamlines the process for post-registration renewals, recording assignments, changes of name and address, and powers of attorney.

Question: If an applicant submits a specimen, is a drawing still required?

Answer:
Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and on the registration certificate.
 

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Daily Terms

National Treatment

Definition:
A work originating in one of the member country must be given at least the same level of protection in each member country as that country gives to works created by its own citizens.

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

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