Assume that Paul files an intent-to-use application with the USPTO on February 1, 2016. Paul uses the mark on August 1, 2016, and obtains a registration for the mark on November 1, 2016. For purposes of determining priority of use in a later dispute with another person or entity, what date is used for Paul's mark? Discuss.
What will be an ideal response?
The date is February 1, 2016, the date of filing of the application. When an ITU application achieves registration, its date of first use is considered to be the date of the application's filing. This filing date constitutes "constructive use" of the mark.
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What will be an ideal response?
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What will be an ideal response?