Types of Applications

Two types of applications may be filed with the PTO by a U.S. applicant: an application based on actual use of the mark in interstate commerce and an application based on the applicant's bona fide intent to use the mark in interstate commerce. The intent-to-use application process affords companies significant advantages. Until the late 1980s, companies were required to use a mark before applying for its registration with the PTO. If the PTO determined that the mark was merely descriptive or was confusingly similar to that of another, the application was rejected and the company was forced to select another mark, spend money advertising and using it, and then take another gamble that the PTO would approve the mark for registration. ...

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