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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

Basic Facts About Registering A Trademark, Part 1
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 1 of 5   What is a Trademark? A trademark is either a word, phrase, symbol, or design, or combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet the terms 'trademark' and 'mark' are used to refer to both trademarks and service marks, whether they're word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, call the Library of Congress at (202) 707-3000. Establishing Trademark Rights Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress. (See below, under 'Types of Applications,' for a discussion of what is meant by the terms 'commerce' and 'use in commerce.') Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark; only a private attorney can. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark or identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principle ways: An applicant who has already commenced using a mark in commerce may file based on that (a use application). An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an intent-to-use application). For the purpose of obtaining federal registration, commerce means all commerce that may lawfully be regulated by the U.S. Congress-for example, interstate commerce or commerce between the United States and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve a right in a mark. Use of a mark in promotion or advertising before the product or service is actually provided under the mark on a normal commercial scale does not qualify as use in commerce. Use of a mark in purely local commerce within a state also fails to qualify as use in commerce. If an applicant files based on a bona fide intention to use in commerce, the applicant will have to use the mark in commerce and submit an allegation of use to the PTO before the PTO will register the mark (see Part 3). Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country. For information regarding applications based on international agreements, please call the information number provided in Part 2. A U.S. registration provides protection only in the United States and its territories. If the owner of a mark wishes to protect a mark in other countries, the owner must seek protection in each country separately under the relevant laws. The PTO cannot provide information or advice concerning protection in other countries. Interested parties may inquire directly in the relevant country, in its U.S. offices, or through an attorney. Who May File an Application? The application must be filed in the name of the owner of the mark-usually an individual, corporation, or partnership. The owner of a mark controls the nature and quality of the goods or services identified by the mark. See below in the line-by-line instructions for information about who must sign the application and other papers. The owner may submit and prosecute its own application for registration, or may be represented by an attorney. The PTO cannot help select an attorney. Foreign Applicants Applicants not living in the United States must designate in writing the name and address of a domestic representative-a person residing in the United States 'upon whom notices of process may be served for proceedings affecting the mark.' The applicant may do so by submitting a statement that the named person at the address indicated is appointed as the applicant's domestic representative under 1 (e) of the Trademark Act. The applicant must sign this statement. This person will receive all communications from the PTO unless the applicant is represented by an attorney in the United States. Searches for Conflicting Marks An applicant is not required to conduct a search for conflicting marks prior to applying with the PTO. However, some people find it useful. In evaluating an application, an examining attorney conducts a search and notifies the applicant if a conflicting mark is found. The application fee, which covers processing and search costs, will not be refunded even if a conflict is found and the mark can't be registered. To determine whether the two marks conflict, the PTO determines whether there would be likelihood of confusion-that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The PTO does not conduct searches for the public to determine if a conflicting mark is registered, or is the subject of a pending application, except as just noted, when acting on an application. However, you can get this same type of information in a variety of ways: Perform a search in the PTO public search library, located on the second floor of the South Tower Building, 2900 Crystal Dr., Arlington, VA 22202. Visit a patent and trademark depository library (at locations listed in Part 4). Go to either a private trademark search company or an attorney who deals with trademark law. The libraries in the first two entries have CD-ROMs containing the trademark database of registered and pending marks. The PTO cannot provide advice about possible conflicts between marks. Laws & Rules Governing Federal Registration The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, 15 U.S. C. 1051 et seq.; the Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of Examining Procedure (2d. Ed. 1993). Other Types of Applications In addition to trademarks and service marks, the Trademark Act provides for federal registration of other types of marks, such as certification marks, collective trademarks and service marks, and collective membership marks. These are relatively rare. For forms and information regarding registration of these marks, please call the appropriate trademark information number, indicated below. Where to Send Application and Correspondence The application and all other correspondence should be addressed to The Assistant Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 The initial application should be directed to 'Box NEW APP/FEE.' An AMENDMENT TO ALLEGE USE should be directed to 'Attn. AAU.' A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE should be directed to 'Box ITU/ Fee.' The applicant should indicate his or her company's telephone number on the application form. Once a serial number is assigned to the application, the applicant should refer to the serial number in all written and telephone communications concerning the application. It's advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing-that is, the written application, the drawing, the fee, and the specimens (if appropriate). The PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt. This will help the applicant if any item is later lost or if the applicant wishes to inquire about the application. The PTO will send a separate official notification of the filing date and serial number for every application about two months after receipt.

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