Obtaining a trademark is comparable to the attainment of a trophy for your brand. It reminds the world that your name or logo is your business only. However, when you commenced your application with the declaration that you intend to use the name in the future, you still have a step more colossal to complete. It is referred to as the trademark statement of use.
Imagine it as the demonstration of the life of your brand. You are telling the government Hey, I am actually selling now! In the absence of this document, your application is going to stall. This paper will be divided into what this paper is and how we are going to file it without committing any mistakes.
When you file a trademark, you choose a filing basis. Intent-to-Use (ITU) is selected by a great number of people. It is because you have yet to sell anything, but you have a great idea and want to save the name.
The trademark statement of use will be the official form that you will fill out as you will soon be in business. It puts your application on the transition between being merely a plan and being a registered trademark. You have to demonstrate that you are engaging in interstate commerce by using your mark. It involves the sale of goods or services in one state or nation to another.
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The United States Patent and Trademark Office (USPTO) does not want individuals to be stocking names they do not utilize. They would like to ensure that trademarks are associated with actual businesses. The way you do it by filling this statement is that your brand is in motion and is worth the protection of the law.
You must satisfy some use requirements in the trademark uses before you can hit the submit button. You cannot simply tell them you are using it, but you need to demonstrate it. The following are the top three items that you should prepare:
A specimen would be a picture of the box label in case you are selling a tangible item. In case you offer a service, it could be a picture of your webpage where one can get your assistance.
First, you normally receive a Notice of Allowance (NOA). When that comes, the clock begins to tick. You are given six months to present your statement. In case you are not prepared, then you can request an extension, which will cost you more money!
The filing may appear to be a frightening event, but it is a sequence of actions. You will be using the USPTO online system (TEAS). Ensure that your details are the same as those when you initially applied. The moment you modify your logo slightly, it could create an issue.
Check this out: What’s the Difference Between Copyright and Trademark: A Clear and Simple Guide
The following timeline can assist you with launching your trademark:
| Event | Timeline |
| Notice of Allowance (NOA) | After ITU approval |
| Statement of Use Filing Window | Within 6 months of NOA |
| USPTO Review | 1-3 months |
| Additional Office Actions | If required, 1-2 months extra |
| Trademark Registration | After approval |
Knowing of such milestones makes sure that your trademark quest does not go off track due to unforeseen setbacks.
Most individuals stumble at the requirements of using the trademark since they do not take their time. A mistake that is often made is to send a proof of a printer or a digital picture of a logo. The USPTO will reject these. They would like to watch the mark on a real product that a customer can indeed purchase.
The other error is the overfilling. Should you say in your application that you are selling hats, shirts, and shoes, and are only currently selling hats, you cannot put the trademark statement of use in all three. You may have to subdivide your application or delete the things you are not selling at the moment.
When you fail to meet your deadline, you lose your application. It is because you have lost all the money and time you had spent. You should begin at the very head start.
You are not far yet (6 months) and have not sold anything yet; there is no need to panic. You may make a Request for an Extension of Time. This allows you an additional half a year to get your business on track. This can be repeated five times, and that will bring you to three years of your notice date.
Filling a trademark statement of use is a difficult task, but keeping in mind some details, it is not that difficult. Adhering to the conditions of protection of the trademark use, you secure your brand effectively and create proper documents.
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It is official evidence that you filed in the USPTO, indicating that you are actively using your trademark in commerce.
If the intent-to-use trademark holder is trying to use a trademark in a genuine business, a statement should be presented after the trademark is actually applied in commerce.
Yes, in case the screenshot clearly indicates that your trademark is used in relation to online sold goods or services.
You may answer the USPTO, give further evidence, or correct the specimen so that it may be reconsidered and passed.
There is no need to have legal assistance, but the presence of trademark experts minimizes the number of errors and increases the likelihood of success in terms of approvals.
