The Advantages of Intent to Use Trademark Applications
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This is important to technology startups with a new product or service that is pre-launch because if a similar mark already exists, filing under § 1(a) may expose the new applicant to trademark infringement liability. It is essentially an admission that the alleged infringing mark has been used in commerce and that can be used against the brand owner filing the application. § 1(b) filings make no such admission. The brand owner has not shown any actual use in commerce, which is a requirement for trademark infringement liability.
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Jeena
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