Statement Of Use Filings
The two most commonly filed trademark applications are filed as “in use” or “intent to use”. If your application is filed as “intent to use”, you will be required once the United States Patent and Trademark Office (USPTO) issues a Notice of Allowance, to prepare and submit a declaration of use. A declaration of use includes a specimen which shows that you are advertising, promoting, and or selling the goods and or services listed in your federal trademark application. The USPTO has different requirements when the items listed in your application are goods rather than services. Once you are issued a Notice of Allowance the USPTO will give you six (6) months to show proof you have started advertising, promoting, and or selling the goods and or services listed in your federal trademark application. If you cannot meet this deadline, you can request up to five (5) extensions of time. Each extension of time lasts for a six (6) month period. The deadline for filing either is calculated from the Notice of Allowance date. Failure to file proof or to request an extension of time on or before the deadline will result in the abandonment of your trademark application. Alcoba Law Group’s attorneys help you prepare and submit proof of your proposed product and service lines. It is imperative once you launch your product and or service line that your specimens show use of your mark.
To inquire what qualifies as proof of your product or service line, please contact our team of experienced trademark attorneys.