New PTO Interface Clarifies Applicant's Factual Representations
January 17, 2017
Michael Atkins

The U.S. Patent and Trademark Office recently revised its online interface. It now requires applicants for federal trademark registration to check boxes confirming the representations they’ve always made when filing new applications.

I like what they’ve done, since it forces applicants to consider the factual and legal basis for their filing.

Applicants now must confirm:

If the application is based on existing use in customer sales

If the application is based on intended future use

For both types of applications

Again, these factual representations are nothing new. However, the new filing format helpfully clarifies the representations that applicants for federal trademark registration make. If any are not true, it’s not appropriate to file the application. And if the applicant falsely makes a factual representation, he/she/it risks having the resulting registration be invalidated.

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