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Trademark Assertion Of Use And Specimens

Men's Encore! (monochrome ver.) Cotton Long Sleeve T ShirtsWhat’s the Trademark software Statement of Use. Is it attainable for my attorney to file an extension of time? And what is the difference between an intent to use software and use primarily based trademark application? How can I file it without getting an office action because of my specimen?

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Congratulations if it’s essential file oceania is at war with eurasia your Statement of Use (“SOU”). Which means your software has received a Notice of Allowance and will likely be authorised upon the filing of the SOU. An announcement of Use is an oath filed by the applicant or the applicant’s lawyer, in which the applicant makes an “allegation of use” that he/she is definitely utilizing the trademark in interstate commerce in reference to the goods and providers originally filed for.

When do I file the Assertion of Use?

If the trademark software was filed on a “use” or 1A foundation, then there isn’t any need to file a SOU. But when the applying was filed on an “intent to use” or 1B basis, and also you thereafter have obtained a Notice of Allowance, you should file the SOU within 6 months from the problem date of the Notice of Allowance. If you happen to fail to file anything, your utility will go ABANDONED.

What do I want to supply you to file the Statement of Use?

The purpose of the SOU is to prove that you simply are literally utilizing the trademark in connection with the products and services filed for. Subsequently, we want the following to file the SOU: (1) the earliest date of first use of your trademark in commerce in reference to the goods and providers filed for; and (2) a specimen of the trademark in connection with the products. The specimen must be a JPEG image sent to our office via e-mail clearly exhibiting an image of the identical exact trademark as originally filed on the goods, or in connection with the providers.

– For Items: if the trademark class is for items, then you will need to present us with a JPEG image of the precise trademark as originally filed, on the precise goods. You may submit a tag or label for the goods; a container for the goods; a show related to the products; or a photograph of the goods that shows use of the mark on the products. Don’t submit the precise product. For instance, if the products are for medicine, then the trademark must clearly seem on the packaging of the medicine. For clothing, similar to shirts, the trademark have to be both on the again tag of the shirt, or presumably sleeve or decrease backside corner of the shirt. Invoices, announcements, order forms, payments of lading, leaflets, brochures, publicity releases, letterhead and business playing cards typically will not be acceptable specimens for items.

– For Companies: a specimen for a mark utilized in reference to services must present the mark used in the sale or advertising for the companies. There should be some reference to the type of services rendered on the specimen, i.e., not just a show of the mark itself. For instance, if the mark sought to be registered is “XYZ,” a business card that only exhibits the mark “XYZ” wouldn’t be acceptable. A business card that states “XYZ Real Property” could be acceptable.

Be aware: The jpeg specimen must look Precisely because it was initially filed for. If the original trademark is a design mark or brand and your specimen has a unique font and totally different footage, the USPTO will reject the SOU.

What if I’m not really using my trademark yet, however have already received the Notice of Allowance?

We will file an extension of time to file the SOU. The extension of time to file the SOU will give us a further 6 months from the unique problem date of the Discover of Allowance. We will get up to 5 extensions of time (6 months every). However, the SOU cannot be filed more than 36 months from the original situation date of the Discover of Allowance.

What are your charges for the Assertion of Use or the extension to file the Statement of Use?

We charge a flat charge of $four hundred to file the SOU per each class, or $four hundred to file the extension per each class. Our fees already embody the USPTO charges that are $a hundred for the SOU and $a hundred and fifty for the extension per class as of 2008.

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