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Trademark Help Pages
Daily Terms

Likelihood of Confusion

Definition:
A statutory basis for refusing registration of a trademark or service mark because it is likely to conflict with a mark or marks already registered or pendingbefore the USPTO.

First to File

Definition:
A rule under which patent priority, and thus entitlement to a patent, is determined by which inventor was the first to file a patent application, rather than who was first to actually invent.

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Trademark FAQs - related questions & answers


Question: Do I need to translate my trademarks into a foreign language?

Answer:

No. When translating text/documents into another language, the trademark doesn’t need to be translated. Often there is no literal translation of the term, and the significance of the trademark is not how it translates.




Question: If an applicant submits a specimen, is a drawing still required?

Answer:
Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and on the registration certificate.




Question: What is the drawing?

Answer:
The "drawing" is a page which depicts the mark applicant seeks to register. In an application based on actual use, Section 1(a), 15 U.S.C. §1051(a), the drawing must show the mark as it is actually used.



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