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Trademark Registration Requirements
Under U.S. trademark law, there are several requirements to register a trademark with the U.S. Patent and Trademark Office.
1. The trademark application must indicate the type of entity registering the mark. The entity can be of any type, whether an individual, a business entity (e.g., Corp., LLC, etc.) or some other legal entity.
2. The application must include the name of the actual owner of the mark, whether the owner is an individual, business entity or other legal entity. The owner of the mark is the person who controls the goods sold or the services rendered under the mark.
3. The application must specify whether registration is based on actual use or an intent-to-use the mark in commerce.
4. The application must include a drawing of the mark being registered. If the application is based on actual use, the drawing must depict the mark as actually used. If based on intent-to-use, the drawing must depict the mark as it will be used in the future.
5. When the application is based on actual use, it must also include a specimen of the mark. A specimen is a real example of how the mark is actually used on goods or with a particular service. For goods, items such as labels or containers for the goods are considered acceptable specimens. For services, advertising such as brochures or newspaper ads are acceptable specimens.
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