| Source-identifying use | Does the sign identify and distinguish the source of particular goods or services? | Dated use, specimens, goods or services, channels, and the party controlling quality. | A visually appealing image is not automatically a trademark. |
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| Distinctiveness | Is the sign inherently distinctive, or can the applicant establish acquired distinctiveness where allowed? | Design rationale, use history, promotion, recognition evidence, and the complete mark as used. | AI involvement does not make a weak or descriptive sign distinctive. |
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| Conflicting rights | Could the mark create a likelihood of confusion with earlier marks for related goods or services? | Search strategy, similar words and designs, meanings, goods or services, common-law findings, and review notes. | An empty exact-match search is not a clearance conclusion. |
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| Ownership and authority | Is the named applicant the party entitled to own and file for the mark? | Tool terms, contributor agreements, assignments, commissions, licenses, prompts, iterations, edits, and approval records. | Registration does not cure a disputed chain of title. |
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| Filing and maintenance | Does the application use the correct owner, basis, classes, identification, drawing, specimen, and required later filings? | Application instructions, filing basis, fee records, office correspondence, use records, renewals, and responsible counsel. | Requirements and fees can change; verify the current USPTO materials before acting. |
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| Copyright authorship | Which expressive elements, if any, reflect sufficient human authorship under current U.S. Copyright Office guidance? | Human-created source material, creative selections, arrangements, modifications, prompts, outputs, and a change record. | Trademark use or registration does not establish copyright protection for the artwork. |
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