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Basic Facts About Registering A Trademark, Part 5
Part 5 of 5
Statement of Use Under 37 CRF 2.88 With Declaration to the Assistant Commissioner for Trademarks
Applicant Name:
Notice of Allowance Issue Date:
Applicant requests registration of the above identified trademark/service mark in the U.S. Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended). Three specimens per class showing the mark as used in commerce are submitted with this statement.
Check here if a Request to Divide under 37 C.F.R. 2.87 is being submitted with this statement.
Applicant is using the mark in commerce on or in connection with the following goods/services: (check one)
Those goods/ services identified in the Notice of Allowance in this application.
Those goods/services identified in the Notice of Allowance in this application except: (identify goods/services to be deleted from application)
Date of first use of mark in commerce that the U.S. Congress may regulate:
Specify type of commerce (e.g. interstate, between the United States and a specified foreign country):
The undersigned, being hereby warned that willful and false statements and the like so made are punishable by fine, imprisonment, or both under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this Statement of Use on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; the trademark/service mark is now in use in commerce; and all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
________________________________ ______________________________
Date Signature
________________________________ ______________________________
Telephone Number Print or Type Name and Position
Instructions and Information for Applicant
In an application based upon a bona fide intention to use a mark in commerce, applicant must use its mark in commerce before a registration will be issued. After use begins, the applicant must submit, along with evidence of use (specimens) and the prescribed fee(s), either:
Amendment to Allege Use under 37 C.F.R. 2.76 , or
Statement of Use under 37 C.F.R. 2.88
The difference between these two filings is the timing of the filing. Applicant may file an Amendment to Allege Use before approval of the mark for publication for opposition in the Official Gazette, or, if a final refusal has been issued, prior to the expiration of the six-month response period. Otherwise, applicant must file a Statement of Use after the Office issues a Notice of Allowance. The Notice of Allowance will issue after the opposition period is completed if no successful opposition is filed. Neither Amendment to Allege Use nor Statement of Use papers will be accepted by the Office during the period of time between approval of the mark for publication for opposition in the Official Gazette and the issuance of the Notice of Allowance.
Applicant may call (703) 305-8747 to determine whether the mark has been approved for publication for opposition in the Official Gazette.
Before filing an Amendment to Allege Use or a Statement of Use, applicant must use the mark in commerce on or in connection with all of the goods/services for which applicant will seek registration, unless applicant submits, with the papers, a request to divide out from the application the goods or services to which the Amendment to Allege Use or Statement of Use pertains. (See 37 C.F.R. 2.87, Dividing an Application.)
Applicant must submit with an Amendment to Allege Use or a Statement of Use:
Appropriate fee of $100 per class of goods/services listed in the Amendment to Allege Use or the Statement of Use, and
Three (3) specimens or facsimiles of the mark as used in commerce on all the goods/services in the class. Applicant must identify the particular item to which the dates apply.
Only the following person may sign the verification of the Amendment to Allege Use, depending on the applicant's legal entity:
(a) the individual applicant;
(b) an officer of corporate applicant;
(c) one general partner of partnership applicant;
(d) all joint applicants.
Mail completed form to:
Assistant Commissioner for Trademarks
Attn: AAU
2900 Crystal Drive
Arlington, VA 22202-3513
Request for Extension of Time Under 37 C.F.R. 2.89 to File a Statement of Use, With Declaration To the Assistant Commissioner For Trademarks
Applicant Name:
Notice of Allowance Mailing Date
Applicant requests a six-month extension of time to file the Statement of Use under 37 C.F.R. 2.89 in this application.
Check here if a Request to Divide under 37 C.F.R. 2.87 is being submitted with this request.
Applicant has a continued bona fide intention to use the mark in commerce on or in connection with the following goods/services: (check one below)
Those goods/services identified in the Notice of Allowance in this application.
Those goods/services identified in the Notice of Allowance in this application except: (identify goods/services to be deleted from application)
This is the ___ request for an Extension of Time following mailing of the Notice of Allowance.
If this is not the first request for an Extension of Time, check one box below. If the first box is checked, explain the circumstance(s) of the non-use in the space provided:
Applicant has not used the mark in commerce yet on all goods/services specified in the Notice of Allowance; however, applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of the goods/services specified above:
Applicant believes that it has made valid use of the mark in commerce, as evidenced by the Statement of Use submitted with this request; however, if the Statement of Use does not meet minimum requirements under 37 C.F.R. 2.88 (e), applicant will need additional time in which to file a statement.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine, imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this Request for an Extension of Time to File a Statement of Use on behalf of the applicant, and that all statements made of his/her own knowledge are true, and all statements made on information and belief are believed to be true.
__________________________________ ___________________________
Date Signature
________________________________ ____________________________
Telephone Print or Type Name and Position
Instructions and information for Applicant
Applicant must file a Statement of Use within six months after the mailing of the Notice of Allowance in an application based on a bona fide intention to use a mark in commerce, unless within that same period, applicant submits a request for a six-month extension of time to file the Statement of Use. The written request must:
Be received in the PTO within six months after the mailing of the Notice of Allowance,
Include applicant's verified statement of continued bona fide intention to use the mark in commerce,
Specify the goods/services to which the request pertains as they are identified in the Notice of Allowance, and
Include a fee of $100 for each class of goods/services.
Applicant may request four further six-month extensions of time. No extensions may extend beyond 36 months from the issue date of the Notice of Allowance, unless a submitted Statement of Use indicating that applicant has made valid use of the mark in commerce is found by the PTO to be defective, in which applicant will need additional time to file a new statement of use.
Only the following person may sign the verification of the Request of Extension of Time, depending on the applicant's legal entity:
the individual applicant;
an officer of corporate applicant;
one general partner of partnership applicant;
all joint applicants.
Fees are effective through 9/30/95 and subject to change, usually on October 1.
Mailing Instructions
Mail completed form to:
Assistant Commissioner For Trademarks
Box ITU/Fee
2900 Crystal Drive
Arlington, VA 22202-3515
You can ensure timely filing of this form by following the procedure described in 37 CRR 1.10 as follows:
On or before the due date for filing this form, deposit the completed form with the U.S. Post Office using the "Express Mail Post Office to Addressee" Service;
Include a certificate of "Express Mail" under 37 C.F.R. 1.10. Papers properly mailed under 37 C.F.R. 1.10 are considered received by the PTO on the date that they are deposited with the Post Office.
When placing the certificate directly on the correspondence, use the following language:
Certificate of Express Mail Under 37 C.F.R. 1.10
Express mail mailing label number:
Date of Deposit:
I hereby certify that this paper and fee is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under 37 C.F.R. 1.10 on the date indicated above and is addressed to:
The Assistant Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3513
________________________________ ________________________
(Typed or printed name of person mailing (Signature of person mailing
paper & fee) paper & fee)
This form ought to take 15 minutes to complete, including time required for understanding instructions, gathering necessary information, record keeping and actually providing the information. Any comment on the amount of time you require to complete this form should be sent to:
The Office of Management and Organization
U.S. Patent and Trademark Office
U.S. Department of Commerce
Washington, DC 20231
and to:
The Office of Information and Regulatory Affairs
Office of Management and Budget
Washington, DC 20503
Do not send forms to either of these addresses.
Trademark Processing Fees
361 2.6 (a) (1) Application for registration, per class .................................. $245.00
362 2.6 (a) (2) Filing an Amendment to Allege Use Under 1 (c), per class
363 2.6 (a) (3) Filing a Statement of Use under 1 (d) (1), per class 100.00
364 2.6 (a) (4) Filing a Request for a Six Month Extension of Time for
Filing a Statement of Use under 1 (d) (1) per class 100.00
365 2.6 (a) (5) Application for renewal, per class 300.00
366 2.6 (a) (6) Additional fee for late renewal, per class 100.00
367 2.6 (a) (7) Publication of mark under 12 (c), per class 100.00
368 2.6 (a) (8) Issuing new certificate of registration 100.00
369 2.6 (a) (9) Certificate of Correction 100.00
370 2.6 (a) (10) Filing disclaimer to registration 100.00
371 2.6 (a) (11) Filing amendment to registration 100.00
372 2.6 (a) (12) Filing 8 affidavit, per class 100.00
373 2.6 (a) (13) Filing 15 affidavit, per class 100.00
374 2.6 (a) (14) Filing combined sec. 8 and 15 affidavit, per class 200.00
375 2.6 (a) (15) Petition to the Commissioner 100.00
376 2.6 (a) (16) Petition for cancellation, per class 200.00
377 2.6 (a) (17) Notice of opposition, per class 200.00
378 2.6 (a) (18) Ex parte appeal, per class 200.00
379 2.6 (a) (19) Dividing an application, per new application (file wrapper)
created 100.00
Trademark Service Fees
461 2.6 (b) (1) (i) Printed copy of each registered mark, regular service $ 3.00
462 2.6 (b) (1) (ii) Printed copy of each registered mark, overnight delivery
to PTO box or overnight fax 6.00
463 2.6 (b) (1) (iii) Printed copy of each registered mark ordered via expedited
local service 20.00
464 2.6 (b) (4) (i) Certified copy of registered mark with title and/or status,
regular service 10.00
465 2.6 (b) (4) (ii) Certified copy of registered mark, with title and/or status,
expedited local service 20.00
466 2.6 (b) (2) (i) Certified or uncertified copy of trademark application as
filed, regular service 30.00
467 2.6 (b) (2) (ii) Certified or uncertified copy of trademark application as filed,
expedited local service 30.00
468 2.6 (b) (3) Certified or uncertified copy of trademark related file wrapper
and contents 50.00
469 2.6 (b) (5) Certified or uncertified copy of trademark document, unless
otherwise provided 25.00
470 2.6 (b) (7b) For assignment records, abstracts of title and certification
per registration 25.00
475 1.19 (g) Comparing and certifying copies, per document, per copy 25.00
480 2.6 (b) (9) Self-service copy charge per page 0.25
481 2.6 (b) (7) Recording trademark assignment, agreement or other paper,
first mark per document 40.00
482 2.6 (b) (6) For second and subsequent marks in the same document 25.00
484 2.6 (b) (10) Labor charges for services, per hour or fraction thereof 30.00
485 2.6 (b) (11) Unspecified other services At cost
488 2.6 (b) (8) Each hour of X-SEARCH terminal session time 40.00
490 1.24 Trademark coupons 3.00