Section 1(a) Filing Basis: Actual Use in Commerce
The Section 1(a) Filing Basis is the basis used when applying to register a trademark that is already being used in commerce.
Section 1(b) Filing Basis: Intent to Use in Commerce
The Section 1(b) Filing Basis is the basis used when applying to register a trademark that is not being used in commerce yet. Use in Commerce must be proven before the trademark can become registered.
Section 44(d) Filing Basis: Foreign Application
The Section 44(d) Filing Basis is the basis used on a U.S. trademark application when you have a trademark application filed in your home country. The U.S. application must be filed within six months of the filing of the foreign application.
Section 44(e) Filing Basis: Foreign Registration
The Section 44(e) Filing Basis is the basis used on a U.S. trademark application when you have already registered your trademark in your home country. This can streamline the application process and increase the chances of approval.
Section 8: Declaration of Use or Excusable Non-Use
A Section 8 is a required signed statement trademark owners must regularly file to maintain ownership of their trademark. Confirms that the trademark is being used in commerce for the goods and services listed in the registration.
Section 9: Renewal Application
A Section 9 is a trademark maintenance filing that must be submitted ever 10 years.
Section 15: Declaration of Incontestability
A Section 15 Declaration of Incontestability is a filing that a trademark owner may make after five years of continued use, claiming incontestability for their trademark.
A serial number is the identification number given to you when filing a trademark application with the USPTO.
A service mark is an alternate form of a “trademark” used to denote a service as opposed to a good.
A signatory is the main person who signs the trademark application.
Special Form Drawing
A special form drawing is the depiction of the trademark that you’re registering if it has special, stylized text in a specific style, color, or font
A specimen is a real-world example of how your trademark is currently being used in commerce. A specimen must be submitted for each good/service listed in an application before the trademark can become registered.
Standard Character Drawing
A standard character drawing is the portrayal of the trademark that you’re registering if it only has characters, numbers, punctuation, etc. (no design).
Statement of Use
A Statement of Use is a written statement indicating the applicant’s trademark is currently being used in commerce.
A Substantive Refusal is a more serious type of Office Action that indicates an issue with the substance of the trademark itself.
A Suggestive Trademark is a term to describe the protectability of a trademark. A suggestive trademark gives consumers a hint about the nature of goods or services, but require consumers to use their imagination to reach a conclusion as to the nature of the goods/services. Example: Netflix
The Supplemental Register is the secondary trademark register maintained by the USPTO for trademarks that are not as distinctive. Trademarks on this register can move to the Principal Register over time, if they become distinctive to consumers.
A Suspension is a temporary pause on examination of your trademark application to allow time for any issue affecting your application to be resolved.