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  • Do I have to be using the trademark before seeking a registration?
    • In most states you do need to be using the trademark before applying for a registration.

    The federal system includes two types of trademark registrations when considered based upon use. One where use is required and one where the applicant intends to use the trademark.

    Updated: 11/12/99
    Important: These Frequently Asked Questions (FAQs) provided by the Patent Cafe where prepared by N Paul Friederichs III and Andy Gibbs. They are used with permission of the Patent Cafe. More intellectual property resources can be found at the Patent Cafe.

    These Frequently Asked Questions are based on Federal Law.
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