Greenberg & Lieberman
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Trademark FAQs - related questions & answers

Question: Can a business trademark a domain name for future use?

Answer:
It is possible to gain ownership of a trademark by filing an "intent-to-use" (ITU) trademark application with the U.S. Patent and Trademark Office (PTO) before actually starting to use the domain name.


Question: What is a common law search?

Answer:
A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories and state trademark registers.

Question: What is the drawing?

Answer:
The "drawing" is a page which depicts the mark or logo applicant seeks to register. In an application based on actual use, the drawing must show the mark as it is actually used, i.e., as shown by the specimens.
 

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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.

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Demand

Definition:
Form PCT/IPEA/401, filed with an International Preliminary Examining Authority, demanding that an international application shall be the subject of an international preliminary examination.

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