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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 ..._________ ________________________ (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....

Basic Facts About Registering A Trademark, Part 4
BASIC FACTS ABOUT REGISTERING A TRADEMARK Part 4 of 5   PATENT AND TRADEMARK OFFICE SERVICES Trademark Assistance Center The Patent and Trademark Office was established to provide service to trademark applicants, registrants, and the general public. Many PTDLs have on file all full-text patents issued since 1790, trademarks published since 1872, and select collections of foreign patents. All PTDLs have the patent and trademark sections of the Official Gazette of the U.S. Patent and Trademark Office. The full-text utility and design patents are distributed numerically on 16-mm microfilm, and plant patents on color microfiche. Patent and trademark search systems are available on CD-ROM at all PTDLs to enhance access to the information found in patents, and trademarks searches can be conducted through the numerically arranged collections. All information is available for use by the public free of charge. Facilities for making paper copies of patent and trademark information are generally provided for a fee. STATE Name of Library Telephone Contact Alabama Auburn University Libraries (205) 844-1747 Birmingham Public...g (Class 35) August 27, 1990 First Use in Commerce: Magazines (Class 16) January 15, 1992 Consulting (Class 35) August 27, 1990 Design: A zebra Sample Drawing-Typewritten 8 1/2" x 11" (21.6 cm x 27.9 cm) Applicant's Name: A-OK Software Development Group Applicant's Address; 100 Main Street, Anytown, MO 12345 Goods: Computer software for analyzing statistics Date of First Use: Intent to Use Application Date of First Use in Commerce: Intent to Use Application Theorytec Sample Specimen for Goods (Issue of Magazine) April-May 1992 $2.00 Pinstripes "The Magazine for the Business Professional" In this Issue Managing business in tough times The need for quality in everything redefines priorities Managing turned inside out Employee ideas can really count Our business report on Washington, D.C. Working together to create new markets and new jobs In business to stay Investing feature: Future outlook on futures Pinstripes forever (our humor column) Sample Specimen for Services (Advertisement) If better business management solutions are what you're after, think of Pinstripes for consulting. We'll come wherever you are to offer a wide range or consulting services for diverse industries, including high-tech fields. You'll like the results-and our competitive price. The more you get to know us, the more you'll realize that we're the best choice for consulting and can make a big difference. Call or write us. Pinstripes Inc. (123) 456-7890, 100 Main St., Anytown, MO 12345 Sample Specimen for Services (Business card showing mark and reference to service) Business Management Consultants John Doe, President 100 Main Street Anytown, MO 12345 U.S.A. (123) 456-7890 Sample Specimens for Goods (Label affixed to computer disk) Theorytec Version 5.0 A-OK Software Development Group Theorytec Version 5.0 A-OK Software Development Group Trademark/Service Mark Application, Principal Register, with Declaration   To the Assistant Commissioner for Trademarks Applicant's Name: Applicant's Business Address: Applicant's Entity Type (Check one and supply requested information) Individual-Citizen of (Country): Partnership-State where organized (country, if appropriate): Names and Citizenship (Country) of General Partners: Corporation-State (country, if appropriate) of Incorporation: Other (Specific Nature of Entity and Domicile): Goods and/or Services: Applicant requests registration of the trademark/service mark shown in the accompanying drawing 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) for the following goods/services (SPECIFIC GOODS AND/OR SERVICES MUST BE INSERTED HERE): Basis for Application (Check boxes that apply, but never both first and second boxes. Supply requested information related to each box checked.) [ ] Applicant is using mark in commerce on or in connection with the above identified goods/services (15 U.S.C. 1051 (a), as amended). Three specimens showing the mark as used in commerce are submitted with this application. Date of first use of the mark in commerce that the U.S. Congress may regulate (for example, interstate or between the United States and a foreign country): Specify the type of commerce (for example, interstate or between the U.S. and specified foreign country): Date of first use anywhere (the same as or before use in commerce date): Specify intended manner or mode of use of mark on or in connection with the goods/services (for example trademark is applied to labels, service mark will be advertisement): Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services and, accompanying this application, submits a certification or certified copy of a foreign accordance with 15 U.S.C. 1126 (e) as amended. Country of registration: __________________________ Registration Number: ___________________________ Note: Declaration on reverse side must be signed. Declaration 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 false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be owner of the trademark/service mark sought to be registered, or if the application is being filed under 15 U.S.C. 1051 (b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief, no other person, firm, corporation, or association has the right to use the above identified mark in commerce, either in the identical form thereof or in such other form, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true, and all statements made on his/her information and belief are believed to be true. _________________________________ ____________________________ Date Signature _________________________________ _____________________________ Telephone Number Print or Type Name   Instructions and Information for Applicant To receive a filing date, the application must be completed and signed by the applicant and submitted along with: The prescribed fee of $245 for each of the goods/services listed in the application; A Drawing Page displaying the mark in conformance with 37 CFR 2.52; If the application is based on use of the mark in commerce, THREE SPECIMENS (evidence) of the mark as used in commerce for each class of goods/services listed in the application. All three specimens may be in the nature of: (a) labels showing the mark, which are placed on the goods; (b) photographs of the mark as it appears on the goods; (c) brochures or advertisements showing the mark as used in connection with the services. An Application with Declaration (this form). The application must be signed for the application to receive a filing date. Only the following person may sign the declaration, depending on the applicant's legal entity: (a) the individual applicant: (b) an officer of the incorporated applicant, (c) one general partner of a partnership applicant; (d) all joint applicants. Send Application Form, Drawing Page, Fee and Specimens (if appropriate) to: Assist

What is Directors’ & Officers’ Liability Insurance for Chambers of Commerce? Directors’ and officers’ (D&O) liability insurance helps protect board members, officers, and sometimes volunteer leaders of a chamber of commerce from personal loss if they are sued for alleged wrongful acts while managing the organization. It covers legal defense, settlements, and judgments related to claims such as breach of fiduciary duty, wrongful termination, or misuse of funds. This coverage complements other protections like commercial liability, event liability, and property coverage to address governance and oversight risks. Who needs it Chambers of commerce, local business associations, trade groups, and nonprofit business coalitions commonly purchase D&O coverage. Smaller volunteer-run organizations and larger staffed chambers both face exposures when making policy, hiring staff, or running programs. For related contexts and options, see Directors and Officers Liability Insurance for Cooperatives, which discusses similar governance risks for member-run entities. What it typically covers Standard D&O policies generally provide: Defense costs for lawsuits against directors or officers Settlements and judgments for covered claims Employment-practice related claims (e.g., wrongful termination, harassment) Claims alleging breaches of fiduciary duty or financial mismanagement This coverage is distinct from participant accident coverage, equipment coverage, or commercial auto exposure, which address different operational risks. For a discussion of D&O solutions for community-focused organizations, you may also find Directors and Officers Insurance for Commercial Communities useful. Common exclusions or limitations Typical exclusions include intentional illegal acts, fraud, bodily injury and property damage (which are usually handled under general liability or property policies), and claims known before the policy inception. Policies also vary on whether they cover volunteer directors and how they handle claims related to mergers or insolvency. Reviewing exclusions carefully helps identify gaps that may require additional endorsements or separate coverages. Factors that influence cost Underwriting factors include the chamber’s size and budget, number of employees and volunteers, financial controls, claims history, the scope of programs and events, and the limits and deductibles chosen. Risk management considerations—such as board training, clear conflict-of-interest policies, and regular financial oversight—can reduce premiums or improve marketability. Proof of insurance & compliance Chambers may need to provide proof of insurance when applying for grants, signing vendor agreements, or partnering on events. A certificate of insurance typically lists the policy type, limits, and effective dates. If a sponsor or host requests confirmation of governance coverage, provide the certificate and discuss any additional insured or loss-payee needs with your broker. How to get a quote To request coverage tailored to your chamber’s size and activities, gather basic financials, a list of board members and officers, any prior-claims information, and a summary of programs or events. Compare limits, defense provisions, and exclusions across carriers. When you’re ready to start, Get a quote to begin the process with a specialist who can explain available options and endorsements. Frequently Asked Questions Does D&O insurance cover volunteer board members?Many D&O policies include volunteers, but coverage varies—verify the policy definitions and request specific language if volunteer protection is important. Will D&O pay for defense if a director is sued personally?Yes. A primary purpose of D&O is to cover defense costs and potential settlements for directors and officers acting on behalf of the organization, subject to policy terms and exclusions. How does D&O differ from general liability?General liability covers bodily injury and property damage from operations or events, while D&O focuses on claims related to governance, management decisions, and fiduciary responsibilities. Still have questions? Talk to a local insurance expert. ...