A Statement of Use is a document that demonstrates the current and past use of a trademark in commerce. It is comparable to a trademark application amendment’s allegation of use.
A Statement of Use is a legal document that must be filed with the USPTO to demonstrate that a trademark is being used in commerce. This document is required for trademark registration and must be submitted within six months of receiving a Notice of Allowance from the USPTO. For instance, if a company applies for a trademark for their new product, they will receive a Notice of Allowance and must then file a Statement of Use within six months to provide evidence of the trademark’s use in commerce, such as on product packaging or in advertising. Similarly, a clothing brand that has registered a trademark for their logo must file a Statement of Use to demonstrate that the logo is being used on their clothing items and is not merely a concept or idea. These examples highlight the importance of a Statement of Use in proving the use of a trademark in commerce and its necessity for trademark registration within a specific timeframe.
A Statement of Use is a legal document filed with the United States Patent and Trademark Office (USPTO) to demonstrate that a trademark is being used in commerce.
A Statement of Use is required when filing for a trademark registration based on an intent to use the mark in commerce. It must be filed within six months of receiving a Notice of Allowance from the USPTO.
A Statement of Use includes details about the mark, the goods or services associated with the mark, the date of first use in commerce, and evidence of the mark’s use in commerce.
No, a Statement of Use can only be filed after the mark has been used in commerce. It serves as proof that the mark is being used in connection with the specified goods or services.
If a Statement of Use is not filed within six months of receiving a Notice of Allowance, the trademark application will be considered abandoned, and the registration process will be terminated.
No, a Statement of Use can only be filed for a trademark that is currently being used in commerce. If the mark is not yet in use, an intent-to-use application should be filed instead.
No, a Statement of Use can only be filed for a trademark used in commerce within the United States. If the mark is used internationally, separate applications must be filed in each country or region.
Yes, a Statement of Use can be amended or corrected if there are errors or omissions. However, any amendments or corrections must be made within the specified timeframe and in accordance with the USPTO guidelines.
Once a Statement of Use is accepted, the trademark registration process continues, and the mark will be registered upon successful completion of all requirements and examination by the USPTO.
Yes, a Statement of Use can be challenged or opposed by third parties who believe they may be harmed by the registration of the mark. Such challenges or oppositions are typically handled through legal proceedings before the Trademark Trial and Appeal Board (TTAB).
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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