An Actual Use trademark application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) when the applicant has already begun using the trademark in commerce in connection with the specified goods or services.
An Actual Use trademark application provides evidence of the use of the trademark, which is important in establishing the validity of the trademark and the registrant’s exclusive right to use the trademark in connection with the specified goods or services. In order to be eligible for registration, the trademark must be used in commerce in a manner that is lawful and not misleading to consumers.
When filing an Actual Use trademark application, the applicant must provide the following information:
The trademark: The trademark must be described in detail, including any logos or designs that are part of the trademark.
The goods or services: The goods or services that the trademark is being used in connection with must be specified. The goods or services must be described in a manner that is consistent with the Trademark ID Manual, which is used by the USPTO to classify goods and services for trademark purposes.
Use in commerce: The applicant must provide evidence of the use of the trademark in commerce, including the date of first use, the manner of use, and the extent of use. This evidence can take the form of specimens of use, such as advertisements, packaging, or labeling that show the trademark in use.
Once the Actual Use trademark application is filed, it undergoes a review process by the USPTO to determine whether the trademark is eligible for registration. During the review process, the USPTO will examine the application to ensure that it complies with all of the legal requirements for trademark registration, including that the
trademark is not confusingly similar to any existing trademarks, that it is not descriptive, and that it is not a
geographically descriptive term.
If the trademark is approved, the t
rademark will be registered on the Principal Register, and the registrant will receive a certificate of registration from the USPTO. Once the trademark is registered, the registrant will have the exclusive right to use the trademark in connection with the specified goods or services throughout the United States, subject to any disclaimers or challenges from third parties.
In summary, an Actual Use trademark application is a type of trademark application that provides evidence of the use of the trademark in commerce and is filed when the applicant has already begun using the trademark in connection with the specified goods or services. It is a key component in establishing the validity of the trademark and the registrant’s exclusive right to use the trademark in the United States.
