Trademark,Statement,Use,and,Sp law Trademark Statement Of Use and Specimens
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}WHAT IS A STATEMENT OF USE?Congratulations if you need to file yourStatement of Use ("SOU"). That means your application hasreceived a Notice of Allowance and will be approved upon the filing of theSOU. A Statement of Use is an oath filed by the applicant or theapplicant's attorney, in which the applicant makes an "allegation ofuse" that he/she is actually using the trademark in interstate commerce inconnection with the goods and services originally filed for.When do I file the Statement of Use?If the trademark application was filed on a"use" or 1A basis, then there is no need to file a SOU. But ifthe application was filed on an "intent to use" or 1B basis, and youthereafter have received a Notice of Allowance, you must file the SOU within 6 monthsfrom the issue date of the Notice of Allowance. If you fail to fileanything, your application will go ABANDONED. What do I need to provide you to file theStatement of Use?The point of the SOU is to prove that you areactually using the trademark in connection with the goods and services filedfor. Therefore, we need the following to file the SOU: (1) the earliest date of first use of your trademark in commerce in connection withthe goods and services filed for; and (2) a specimen of the trademarkin connection with the goods. The specimen must be a JPEG picture sent toour office via email clearly showing a picture of the same exact trademark asoriginally filed on the goods, or in connection with the services.- For Goods: if the trademark class isfor goods, then you must provide us with a JPEG picture of the exact trademarkas originally filed, on the actual goods. You may submit a tag or label for thegoods; a container for the goods; a display associated with the goods; or aphotograph of the goods that shows use of the mark on the goods. Do not submit the actualproduct. For example, if the goods are for medication,then the trademark must clearly appear on the packaging of themedication. For clothing, such as shirts, the trademark must beeither on the back tag of the shirt, or possibly sleeve or lower bottom cornerof the shirt. Invoices, announcements, order forms, bills of lading,leaflets, brochures, publicity releases, letterhead and business cardsgenerally are NOT acceptable specimens for goods. - For Services: a specimen for a mark usedin connection with services must show the mark used in the sale or advertisingfor the services. You may submit a sign; a brochure about the services; anadvertisement for the services; a business card or stationery showing the markin connection with the services; or a photograph showing the mark as used inrendering or advertising the services. There must be some reference to the typeof services rendered on the specimen, i.e., not just a display of the markitself. For example, if the mark sought to be registered is "XYZ," abusiness card that only shows the mark "XYZ" would not be acceptable.A business card that states "XYZ REAL ESTATE" would be acceptable.Note: The jpeg specimen must look EXACTLY as it was originally filed for. Ifthe original trademark is a design mark or logo and your specimen has adifferent font and different pictures, the USPTO will reject the SOU.What if I am not actually using my trademark yet, but have alreadyreceived the Notice of Allowance?Wecan file an extension of time to file the SOU. The extension of time tofile the SOU will give us an additional 6 months from the original issue dateof the Notice of Allowance. We can get up to 5 extensions of time (6months each). However, the SOU cannot be filed more than 36 months fromthe original issue date of the Notice of Allowance.Whatare your fees for the Statement of Use or the extension to file the Statementof Use?Wecharge a flat fee of $400 to file the SOU per each class, or $400 to file theextension per each class. Our fees already include the USPTO fees whichare $100 for the SOU and $150 for the extension per class as of 2008.
Trademark,Statement,Use,and,Sp