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Haven’t had time to keep up with changes to the trademark registration laws? Here’s the latest update:


#1 No proof of usage necessary to file

Applications need only contain the applicant’s name, a name and address for correspondence, a clear drawing of the mark, a list of the goods and/or services on which the mark is used, and the filing fee for at least one class of goods or services.


#2 No need to specify the type of commerce

By definition, “commerce” includes all commerce which may lawfully be regulated by Congress. You don’t have to define the type of business in which you are using the mark.


#3 OK to file based on intended usage

New rules allow applicants to claim use and intent-to-use as bases for filing in the same application, provided the application meets requirements for both. The Trademark Office allows an applicant to add or substitute a registration basis before the application is published and still retain the original filing date if there is a valid basis for the registration.


#4 Only one sample needed

Just one specimen must be filed for use-based applications or for “Amendments to Allege Use” and “Statements of Use”. Previously, you had to submit three samples.


#5 Authorized signatures easier

The definition of an authorized person now includes anyone authorized to sign on behalf of the applicant, including a person with legal authority, a person with firsthand knowledge of the facts and implied authority to act on behalf of the applicant, or an attorney with written or verbal power of attorney from the applicant.


#6 Easier to bring application back to life

Submit a written statement that the delay was “unintentional” signed by someone with firsthand knowledge of the facts resulting in the delay. No need to explain what caused the delay.


#7 Remember when renewing: 5/6 – 9/10 and 10

A registered trademark owner must file an affidavit or declaration between the mark’s 5th and 6th anniversaries of registration, and between the 9th and 10th anniversaries of the registration, as well as every 10 years thereafter when applying for a renewal.


For more information on trademarks and applications, visit

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About the XtraMark Name

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Every company needs a unique name. And XtraMark is no different. The name XtraMark means we do marketing and “xtra stuff” to help keep your organization successful.

And yes. We misspelled “Xtra” on purpose. Here’s why:

We actually started out with a different name. And it turns out there was a conflict with another company. And we learned the hard way – It pays to do due diligence to capture a unique and compelling name.

The XtraMark tagline is designed to get people asking “what is xtra stuff?”  This generates interest and begins a conversation. Just like a good brand should.

When XtraMark creates your brand, we guarantee you’ll have a unique name, an eye-catching logo,  and a company brand both you and your customers will get excited about.