application date

25 October, 2018

« Back to Glossary Index

The date the USPTO receives an application that includes all of the following elements:

(1) The applicant’s name
(2) A name and address for correspondence
(3) A clear drawing of the desired mark
(4) A list of the goods or services
(5) An application filing fee for at least one class of goods or services

If the mark is successfully registered, the application filing date is also the date of constructive use of the mark, which gives a registered trademark owner nationwide priority over others who may use the same or a confusingly similar mark for similar or related goods/services. Exceptions include those who used their mark before the applicant’s filing date, or filed with the USPTO (or other international trademark office) before the applicant.

« Back to Glossary Index