Trademark Statement Of Use Filings
Filing a Statement of Use For Your Trademark Application
Lapin Law Firm specializes in trademark law and can handle your statement of use filing. We protect you and your business. A trademark attorney will be sure that you are using the highest level of protection for your company’s trademarks. We pride ourselves on being an affordable trademark law firm that specializes in small businesses, entrepreneurs, and startups.
What Is A Trademark Statement Of Use?
A trademark statement of use is a form that a trademark owner should file when they first begin using their trademark. The trademark must be proven to be in use commercially. This prevents businesses from registering trademarks they never intend to use in order to “hold” them. The trademark owner should keep examples of all uses of the trademark, such as labels, websites, printed materials, or anywhere the trademark is displayed to the public.
The Notice of Allowance
The Notice of Allowance is a document issued by the USPTO that authorizes an applicant to commence prosecution of their patent application. It indicates that all requirements have been met, including payment of fees, and provides instructions on how to proceed with finishing the application.
When you receive your NOA from the USPTO, it’s time to get started! This is your first step in filing for a trademark and will set in motion everything needed for you to obtain full ownership over your new servicemark or trademark.
You’ll need to gather all necessary documents – such as drawings, specifications, etc., and make sure they are filed along with your NOA so they can be used during the review if necessary.
How do you file a trademark statement of use?
A statement of use is filed through the USPTO TESS system. Typically, the process is similar to this:
Step 1: The trademark owner will receive a NOA or Notice Of Allowance letter from the USPTO.
Step 2: The trademark owner will file a Statement Of Use form, also called an SOU form. Included in this statement of use the owner will provide a specimen of the trademark in use. Examples of specimens can be seen here.
Step 3: The trademark owner will pay the fee for each class the trademark is registered under and provide a declaration of ownership.
Step 4: All the information and a specimen of use is submitted to the USPTO and the review process begins.
When You Should File a Statement of Use
Trademark owners should file a statement of use when they want to protect their business trademarks. A statement of use can be used as evidence that the trademark is being used legally. The USPTO will also check the registration against other registered trademarks to make sure there’s no conflict.
If you decide not to file a statement of use, your mark may still be protected under law, but it won’t have any legal protection. This means other businesses could start using your mark without permission, which could damage your reputation and business growth.
The process of filing a statement of use can be difficult, so it is important to choose the right trademark attorney for your business. You need to find a trademark that is appropriate for your business and meets all the requirements set by the USPTO.
How long do you have to file a trademark statement of use?
You have 6 months to file a trademark statement of use starting from the date the Notice of Allowance was issued.
What happens if you don’t file a statement of use?
Your trademark application will go abandoned after three years. The USPTO will assume the trademark has not been used in commerce and your trademark will be open for registration again.
Can you get an extension of time to file a statement of use?
Yes. You can get an extension of time when filing a statement of use with the USPTO for up to 30 months with multiple extensions.
Can you file a statement of use if your trademark application is on hold?
Yes, you can file a statement of use if your trademark application is on hold. This will allow you to continue using the mark while the application is pending approval.
Can you file a statement of use for more than one goods or services category?
Yes, you can file a statement of use for more than one good or service. However, each statement of use must have a unique name and be associated with only one business. You cannot file a statement of use for goods or services that are not related to your business.
How much does it cost to file a statement of use?
The cost to file a statement of use can vary depending on the type of filing required. However, most filings typically require a fee of $100-$200 per class according to how you file.