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Filing basis

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U.S. trademark law Edit

The filing basis is the legal basis for filing an application for registration of a mark. The Lanham Act sets out five filing bases, and an applicant must specify and meet the requirements of one or more bases before the mark will be approved for publication for opposition or registration on the Supplemental Register.

The five bases[1] are:

  1. use of a mark in commerce under §1(a) of the Act;
  2. bona fide intention to use a mark in commerce under §1(b) of the Act;
  3. a claim of priority, based on an earlier-filed foreign application under §44(d) of the Act;
  4. registration of a mark in the applicant’s country of origin under §44(e) of the Act; and
  5. extension of protection of an international registration to the United States, under §66(a) of the Act and the Madrid Protocol.

If no basis is set forth in the original application for registration, the examining attorney will issue an Office action requiring the applicant to specify a basis and meet all requirements for the basis.

In applications under §§1 and 44, the applicant may claim more than one basis, and/or may add or substitute a basis after filing the application.

References Edit

  1. The requirements for the bases are set forth in Trademark Rule 2.34.

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