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A trademark Statement of Use is a legal document that demonstrates the applicant's intention to use a specific trademark for commerce. It is filed with the IPO after receiving a Notice of Allowance indicating that the trademark has been approved for registration. The Statement of Use provides evidence that the trademark is being actively used in commerce and includes information such as the date of first use, the goods or services offered under the mark, and specimens of the mark's use in commerce.
For an intent-to-use application, submitting a Statement of Use is mandatory. The primary objective of the Statement of Use is to inform the IPO that the mark is being used in commerce, and it must be filed within six months of receiving the Notice of Allowance. Alternatively, if a trademark Statement of Use isn't filed within six months of the Notice of Allowance, a six-month extension must be filed. Trust us to guide you through the process and help you avoid making fatal errors when providing proof of your trademark's use in commerce.
Answer a few questions about the use of your trademark.
Firstly, we will verify that you have provided all the necessary details. Subsequently, we will compile and prepare your Statement of Use or Extension of Time.
We’ll electronically file your documents with the IPO.
A Notice of Allowance is a notification from the trademark office stating that your trademark application has been reviewed and no issues have been found to prevent it from being registered. However, it will not register until you file a Statement of Use, which proves that you are using the trademark in commerce. You have 6 months to file a Statement of Use or request an extension.
A Statement of Use is a declaration that confirms the use of the trademark on the goods and services stated in the application, with supporting evidence. The attorney hired will review the evidence and guide the applicant on the next steps.
For goods, "use in commerce" means that the trademark has been applied to physical products that have been sold to U.S. consumers. For services, it means that the trademark has been used in advertising and the services have been provided to U.S. clients.
If the trademark is not being used in commerce, an extension of 6 months can be requested up to five times, during which steps should be taken to show use in commerce.
If the deadline is missed, the trademark application is considered abandoned, and the trademark office will issue a Notice of Abandonment. An applicant can revive their application by filing a special petition and paying late fees within two months of receiving the notice.
In most cases, a trademark will register within 3-5 months of the Statement of Use being filed, with Federal trademark rights dating back to the application filing date.
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