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A trademark protects the source of origin of goods or services. This allows
the consumer who will purchase these goods or services to know who was
responsible for the manufacture of them. A trademark can be a single word,
short phrase, or graphic logo. Trademarks run for 10 years and can be
renewed indefinitely as long as the owner has continued interstate use of
the mark.
A trademark cannot be descriptive of the goods or services to which it
is applied. Ownership is primarily based on first to use the mark on
the goods and services in interstate commerce
A federal trademark application can be made under intent to use (ITU) or
under actual interstate use.
An ITU application must be converted into a use application within 36
months of allowance by the Trademark Office. Time extensions to file
a use statement are required every six months after the allowance of the
application.
Conversion to use statement must show actual interstate use of the mark
on the goods and services before the allowed application will become a
registered trademark.
Before a trademark is adopted and used or application filed under intent
to use, a full U.S.
trademark availability search is recommended through an independent
trademark search organization. Such trademark searches look not only
in state and federal pending and issued trademark records, but also in a
number of unique databases that have been compiled which will indicate
prior use of a mark.
Harpman & Harpman can provide such full U.S. availability searches
through independent searches, such as Thomson & Thomson a world leader
in trademark services at a cost of $700. When necessary, such
research can be referred to litigation counsel for review, analysis and a
legal opinion. Harpman & Harpman has established relationships with litigating counsel throughout the country.
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