What happens if I don t provide a filing basis?

The examining attorney will issue an office action requiring you to specify a basis.

Filing Basis: Key Legal Concepts for Trademark Registration

Q: Can I change my filing basis after submitting my application?

Yes, you can add or substitute a filing basis after filing your application.

Definition & Meaning

The term "filing basis" refers to the legal grounds on which an applicant submits an application for trademark registration. Under U.S. trademark law, specifically 15 U.S.C. § 1051, applicants must identify and fulfill the requirements of one or more filing bases to have their trademark approved for publication or registration. There are five recognized filing bases, each serving different circumstances for trademark registration.

Table of content

Legal Use & context

Filing basis is primarily used in trademark law, which governs the registration and protection of trademarks. This term is relevant for individuals and businesses seeking to secure trademark rights for their brands. Understanding filing bases is crucial for completing trademark applications accurately, as it determines the legal foundation for the application. Users can manage this process themselves using legal templates from US Legal Forms, which are designed by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A company that has been using its logo in commerce for several years can apply for trademark registration based on its actual use of the mark.

Example 2: A startup planning to launch a new product may file a trademark application based on its bona fide intention to use the mark in commerce in the near future (hypothetical example).

Relevant laws & statutes

The primary statute governing filing basis for trademarks in the United States is the Trademark Act, codified at 15 U.S.C. § 1051. This statute outlines the requirements and processes for trademark registration, including the various filing bases.

Comparison with related terms

Term	Definition	Difference
Trademark	A symbol, word, or words legally registered or established by use as representing a company or product.	Filing basis is the legal ground for applying for a trademark.
Application	A formal request for trademark registration.	The filing basis is a component of the application process.

Common misunderstandings

What to do if this term applies to you

If you are considering applying for trademark registration, first determine which filing basis applies to your situation. You can use US Legal Forms to access templates that guide you through the application process. If your situation is complex or you have questions, consulting a legal professional is advisable to ensure compliance with all requirements.

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Quick facts

Attribute	Details
Typical Fees	Varies by application type, generally $250 to $750 per class of goods/services.
Jurisdiction	Federal (U.S. Patent and Trademark Office).
Possible Penalties	Application rejection, loss of trademark rights.