1. Patents. The application of a process already known in one field of art to produce a similar result in another field. • Unless the fields are so unrelated or the outcomes so different as to produce a novel, useful, and nonobvious result, an analogous use is not patentable.
2. Trademarks. The use of a mark in marketing and advertising a product or service before the actual sale of the product or service, in order to establish the mark’s use in commerce. • For the owner to take advantage of the analogous-use doctrine, the marketing campaign must be substantial and the product or service must be available soon after the campaign. An owner who files an in-tent-to-use application may tack on the period of analogous use for purposes of priority and incontestability.
