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Trademark FAQs - related questions & answers

Question: What is a trademark?

Answer:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured.


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 a specimen?

Answer:
A specimen is a real-world example of how the mark or logo is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark.
 

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Daily Terms

Washington Treaty

Definition:
China was among the first countries to sign this treaty, but the United States and Japan did not sign it due to disagreements with compulsory licences, the treatment of innocent infringement, and the protection of designs when they are incorporated in industrial products.

Hallmark

Definition:
Originally an impression made on gold and silverware introduced in the beginning of the fourteenth century in England to identify the quality of the metal used. Later, a mark to identify the maker and year of production.

Domestic Representative

Definition:
A person residing within the United States who is appointed by a patentee or assignee of a trademark application or registration that does not reside in or is not domiciled within the United States.

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