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Meaning / Definition of

Filing Basis

Categories: Patent,

The legal basis for filing an application for registration of a mark. The trademark act sets out five filing bases, and an applicant must specify and meet the requirements of one or more bases before the mark will be approved for publication for opposition or registration on the supplemental register. The five bases are: (1) use of a mark in commerce under §1(a) of the Act; (2) bona fide intention to use a mark in commerce under §1(b) of the Act; (3) a claim of priority, based on an earlier-filed foreign application under §44(d) of the Act; (4) registration of a mark in the applicant’s country of origin under §44(e) of the Act; and (5) extension of protection of an international registration to the United States, under §66(a) of the Act and the madrid protocol. The requirements for the bases are set forth in Trademark Rule 2.34. -- seeTMEP §806. If no basis is set forth in the original application for registration, the examining attorney will issue an office action requiring the applicant to specify a basis and meet al. requirements for the basis. In applications under §§1 and 44, the applicant may claim more than one basis, and/or may add or substitute a basis after filing the application.

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Definition / Meaning of

Lifetime Learning Credit

Categories: Tax,

You may qualify to claim a lifetime learning tax credit of up to $2,000 each year for qualified higher educational expenses for yourself, your spouse, or a dependent if your family's modified adjusted gross income falls within the annual limits that Congress sets. Those amounts tend to increase slightly each year.The course work must be one or more courses but doesn't have to be part of a degree- or certificate-granting program, though the tax credit can be used for undergraduate, postgraduate, or professional studies. Even if you are paying for more than one person's education, you can take only one lifetime learning credit per year.If you claim the credit while you're taking withdrawals from tax-free college savings plans such as a section 529 plan or an education savings account (ESA), you'll have to plan carefully. Your withdrawals will lose their qualified status and be subject to tax and penalty if you use them to pay for the same expenses for which you claim the tax credit. You can't take the credit, though, if you claim a tuition and fees deduction in calculating your adjusted gross income or deduct the amount as a business expense.

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