Trademark Statement Of Use

To register a trademark with the u s. If a trademark is registered with the united states trademark office then you can use the symbol.

Trademark Filing Basis Use In Commerce Or Intent To Use

Patent and trademark office uspto you must prove that you are actively using your trademark to sell goods or sell or advertise services.

Trademark statement of use. The tm symbol can be used for any mark whether in use on goods and or services. Apply online uspto. An intent to use itu trademark application does not require any evidence of trademark use at the initial filing.

Use this form only if you have already filed the initial trademark servicemark application based on an intent to use the mark in commerce under section 1 b. The uspto requires you to 1 set forth the date on which your trademark was first used anywhere in the united states 2 set forth the date on. The filing demonstrates actual use of the trademark in commerce and is required by the uspto before it will register a trademark.

The statement of use is basically a sworn declaration that your trademark is currently in use in commerce in connection with all of the products and or services listed in your trademark application. Ways to prove a trademark s use include displaying it on products packaging or other. Once it is determined that the statement of use is timely and meets the minimum filing requirements the examining attorney will review the statement of use to make sure that it complies with the requirements of the trademark act and the rules.

Before we will register a mark based upon a bona fide intention to use the mark in commerce i e the applicant. You must actually use it in commerce such as displaying it on products packaging or other marketing. If the mark is not registered then you should use the tm or sm symbols.

Statement of use amendment to allege use for intent to use application. What is a trademark statement of use. Trademark statement of use.

An allegation of use is another term used for a statement of use. You need to use it in commerce. A statement of use sou is one of the official forms used by the united states patent and trademark office.

The three symbols that can be used directly with the mark are tm and sm. A trademark statement of use sou is required for any trademark filed with the united states patent and trademark office uspto on an intent to use basis. However it is necessary that you have a bona fide intent to use your trademark in commerce.

For more information review the complete timeline for an application based on intent to use. It can only be filed once a business has started to use a trademark this means you can t register a trademark just to tie it up. What is a statement of use.

Both terms refer to a required filing for an applicant who applies for a trademark on an intent to use basis. Thus actual use of your trademark is not required to begin to receive trademark protection. In other words you cannot register a trademark simply to tie up the rights to it.

In fact one of the advantages of an itu application is that several goods and or services may be initially identified in the application without providing any specimens or dates of first use unlike a use based application.

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