After submitting your Declaration of Use, the USPTO Examination Counsel will review the statement and send you a letter of action from the office if there are any requirements that still need to be met. You can submit a declaration of use of the trademark online via the Electronic Trademark Application System or TEAS. The online form asks for the following: Once you have received a notice of intent, you have six months to submit a declaration of use or request an extension of the deadline for submitting a declaration of use. It is important to pay close attention to this deadline for submission. If you do not meet the deadline, your application will be considered cancelled. You might be able to revive an abandoned application by filing a petition, paying an additional fee, and filing additional documents, but there is no guarantee. Examples of trademark declarations vary depending on whether the trademark is intended for a good or service and the type of products offered. Before you dive into these examples, familiarize yourself with the requirements of an acceptable template: A Declaration of Use (SOU) is an affidavit to the United States Patent and Trademark Office (USPTO) that certifies that your trademark application is now being used in commerce. It must be submitted within six (6) months of the date of dispatch of the notice of allocation and must be submitted before an application for intent to use can be registered. If all issues have been resolved and the declaration of use has been approved, the USPTO will typically register the trademark within two months. A Trademark Use Statement (SOU) is required for any trademark filed with the United States Patent and Trademark Office (USPTO) based on intent to use.

Therefore, actual use of your trademark is not necessary to begin receiving trademark protection. However, it is necessary that you have a good faith intention to use your trademark in the retail trade. This usually means that there must be written plans. To change the basis of your trademark application from 1(b) to 1(a), you must file a Declaration of Use (SOU). With a declaration of use, you can apply for trademark protection before you even start using your trademark. In this easy-to-follow guide, you`ll learn how to register a statement of use, including tips on filing your application, fee details, and registration deadlines. Registering federal trademarks can protect your trademark nationally. But many people don`t understand that filing a trademark application is just one step towards selecting, protecting, and enforcing a trademark. Here`s what else you need to know. Once a declaration of use has been successfully submitted and subject to additional questions or requirements, your application will be registered with the USPTO. There must be sufficient use in commerce to submit a declaration of use. Symbolic or trivial use undertaken to speed up the process is not permissible.

There are no guidelines on what is considered sufficient in each situation, so it is important to have satisfactory evidence that legal use has taken place in the event of a dispute. If a declaration of use or an application for renewal is not submitted in time, the trademark application will be filed. Proof of use can be submitted almost at any time during the trademark application procedure. If you prove evidence of actual use before the examining attorney approves the publication, you must file an amendment to claim the use. However, once it is published, a period of prohibition occurs. Only after the notice of authorization has been issued can you submit samples of evidence in the form of a declaration of use. Samples that do not meet each of these requirements will not be accepted as evidence of actual use. It is important to note that acceptable evidence of use for services is unlikely to be suitable for the goods. For this reason, you should consider the following sample copies before deciding what to file: Filing a trademark application can protect your trademark. This simple guide will walk you through submitting documents, what it costs and much more.

The deadline for submitting the declaration of use may be extended by an additional six (6) months by submitting a request for an extension. Renewal applications may be submitted every six (6) months for a total of five (5) extensions. Therefore, you must use your trademark within three years (36 months) from the date of issuance of the notice of authorization. If no corresponding declaration of use is filed within this period, the application may be abandoned and a new application must be filed. If you need to submit a declaration of use, the USPTO will send you a Notice of Authorization (NOA). When you receive a Notice of Intent, it usually means that your trademark has gone through almost every step of the registration process and is almost ready to be registered. All that remains is proof that your brand is actually used in retail. If you are ready to submit your trademark usage documentation, LegalZoom can help. LegalZoom filed more trademark applications in the U.S. in 2013 than the top 40 law firms combined. The process of marking a company name is relatively simple and inexpensive, and is worth its weight in gold in terms of defending against illegal use by competitors.

3. We will file your Declaration of Use with the USPTO Once it has been determined that the Declaration of Use is timely and meets the minimum filing requirements, the Examining Attorney will review the Declaration of Use to ensure that it complies with the requirements of the Trademark Act and the Rules. Further information can be found in TMEP §§1109 ff. STEP 4. Enter the date you first used the trademark “in commerce” – the first time you sold the trademark across the state border (not in your state) for the first time. If the notice or declaration is not signed or signed by the wrong party, the applicant must file a replacement notice no later than the legal deadline for filing the declaration of use. Sometimes it makes sense to start the trademark registration process before you even start using your trademark. .