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TM Newsflash 07: Basis

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Uploaded on Dec 27, 2011

This video focuses on what is meant by the term "basis." It also provides specifics about the filing requirements for both Section 1(a), Use-in-Commerce, and Section 1(b), Intent-to-Use-in-Commerce, filing bases. Selecting the correct basis is important, as an incorrect basis can result in delays or require the payment of otherwise unnecessary fees.

To stay current with the USPTO, subscribe to regular e-mail updates at http://www.uspto.gov/subscribe.

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Uploader Comments (USPTOvideo)

  • Holford Harding

    Holford Harding 2 weeks ago

    What does in commerce mean? What if the mark is being used but I have not sold any products as of yet but I have advertisements and sample products? Please explain

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  • USPTOvideo

    USPTOvideo 2 weeks ago

    “Use in commerce” requires use of the mark in the ordinary course of trade between entities in two states, a state and a U.S. territory, or a state and a foreign country. Use inside a single state typically does not qualify. Whether your current use of the mark qualifies depends on whether you are providing goods or services. Advertising services and shipping sample goods across state lines is acceptable use in commerce; merely advertising goods across state lines is not.

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    in reply to Holford Harding (Show the comment)
  • BodaciousBullfrog

    BodaciousBullfrog 2 months ago

    What if some of your goods are used in commerce now but others will be used in the future?

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  • USPTOvideo

    USPTOvideo 2 months ago

    You have two options. 1) File two separate applications: one for goods already in use in commerce and one for goods in which you have a bona fide intent to use in commerce in the future. 2) File all of the goods in one single application, but you must specify the basis for each listed good. Remember, though, that that single application will not register until all of the “intent to use” goods are amended to “use in commerce” goods by filing an allegation of use form (with fee).

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    in reply to BodaciousBullfrog (Show the comment)
  • Beetlejizz1

    Beetlejizz1 3 months ago

    And.. What about those of us who need to know about section 44?

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  • USPTOvideo

    USPTOvideo 3 months ago

    The practices and procedures for filing and prosecuting a federal trademark registration are all found in the Trademark Manual of Examining Procedure (TMEP). For information about Section 44 eligibility and filing requirements, be sure to check out TMEP Section 1000. The TMEP currently is being updated, so the best place to find the most recent version is uspto.gov/trademarks/resources­/index.jsp

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    in reply to Beetlejizz1 (Show the comment)

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  • Aziz Basry

    Aziz Basry 1 year ago

    thank you for market learning thank you again

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