Generally, the first to either use a mark in commerce or file an intention
to use application with the Patent and Trademark Office has the ultimate
right to use and registration.
(1) Marks Not every word or symbol can be a trademark or service
mark. Your mark cannot be conflict with any other pre-existing
trademark, nor can your mark be in conflict with the national interest,
(2) Basis To obtain federal registration, the application should include
"Basis" for filing, which is either "use in commerce"
or "intent to use".
Use in Commerce
You have already started using the mark in interstate commerce
or commerce between the U.S. and another country.
Intend to Use
You have not yet used the mark, but plan to do so in the future.
You do not have to use the mark before filing your application.
Only the owner of the trademark may file an application for its registration.
An application filed by a person who is not the owner of the mark will
be declared void. Generally, the person who uses or controls the use of
the mark, and controls the nature and quality of the goods to which it
is affixed, or the services for which it is used, is the owner of the
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