Trademark statement of use example is a term you'll come across when securing your brand's identity. This process, crucial for proving the use of your trademark, involves several key steps:
- Understanding its Purpose: A trademark statement of use shows that a mark is actively used in commerce.
- Submitting Evidence: You must present real-world examples (specimens) showcasing your trademark.
- Filing with the USPTO: This declaration must be filed after a Notice of Allowance is issued.
Securing your trademark means painting a vivid picture of your brand in action!
The world of trademarking can be tricky, but there's help available for small business owners, startup founders, and entrepreneurs navigating these waters. Mastering a trademark statement of use example not only solidifies brand rights but shields against potential legal challenges.
I'm Christopher Lyle. With my extensive expertise in intellectual property and digital law, I have guided many businesses in successfully navigating the complexities of filing a trademark statement of use example. As we dive into the details, you'll find valuable insights and practices to protect your brand effectively.
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What is a Trademark Statement of Use?
A Trademark Statement of Use (SOU) is a legal document filed with the U.S. Patent and Trademark Office (USPTO). It confirms that you are actively using your trademark in commerce. This step is crucial in the trademark registration process, especially for applications filed on an "intent to use" basis.
Purpose
The primary purpose of a Statement of Use is to demonstrate that your trademark is being used in connection with the goods or services listed in your application. This is not just a formality; it's a way to show the USPTO that your trademark is not just a concept but a reality in the marketplace.
Notice of Allowance
Once your trademark application passes the initial examination and any opposition period, the USPTO issues a Notice of Allowance. This notice indicates that your trademark is nearly ready for registration, but there's one final step: you must file a Statement of Use. You have six months from the date of the Notice of Allowance to do this, though extensions are available if needed.
Commerce
The term "commerce" in this context refers to the actual sale or transport of goods and services across state lines or internationally. It's not enough to have a website or a product mockup; you need to show that your trademark is actively being used in real-world transactions.
Filing a Trademark Statement of Use is a critical step in securing your brand's legal protection. It ensures that your trademark is not just an idea but a functioning part of your business operations.
Requirements for Filing a Trademark Statement of Use
When you're ready to file your Trademark Statement of Use, there are key requirements you need to meet to satisfy the U.S. Patent and Trademark Office (USPTO). Let's break them down.
Required Fee
First, there's a filing fee. The cost is $100 per class if you file electronically through the Trademark Electronic Application System (TEAS). If you choose to file on paper, the fee increases to $200 per class. This fee is essential for processing your application, so make sure you budget accordingly.
Example of Use
Next, you'll need to provide at least one example of how your trademark is being used in commerce. This is known as a specimen. For goods, this could be a product label or packaging showing the trademark. For services, it might be a brochure or a webpage where the service is offered. The key is to show the trademark in a way that a consumer would see it and recognize it as a source indicator.
Sworn Confirmation
Finally, a sworn confirmation is required. This is a legal declaration that your trademark is indeed in use in commerce. It must be signed by someone with the authority to bind your business, like an owner or officer. This step underscores the seriousness of the trademark application process and ensures that all claims of use are legitimate.
These three components—fee, example of use, and sworn confirmation—are non-negotiable. Missing any of these can delay your application or even lead to its abandonment.
Successfully navigating these requirements is essential to moving forward in the trademark registration process. Next, we'll explore how to file your Statement of Use, whether online or by mail.
How to File a Trademark Statement of Use
Filing your Trademark Statement of Use is a crucial step in securing your trademark rights. Here's how to do it, whether you choose to file online or by mail.
Online Filing with TEAS
The fastest and most efficient way to file your Statement of Use is through the Trademark Electronic Application System (TEAS). Here's how to get started:
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Create a MyUSPTO Account: If you don't have one yet, sign up for a MyUSPTO account. It's your gateway to filing online.
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Log In and Select Your Form: Once logged in, choose between the TEAS Plus or TEAS Standard form. The TEAS Plus form has a lower fee but requires more upfront information.
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Prepare Your Documents: Have your specimen (example of use) and sworn confirmation ready. Make sure they meet the requirements we discussed earlier.
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Complete the Form: Fill out the form carefully. Double-check all the details, especially the specimen and the fee amount.
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Submit and Pay: Once everything is filled out, submit your application and pay the fee. It's $100 per class when filing online.
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Confirmation: After submission, you'll receive a confirmation email. Keep this for your records.
Paper Filing
If you prefer or need to file by mail, here's what you need to do:
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Download the Form: Get the Statement of Use form from the USPTO website.
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Fill It Out: Complete the form with all the necessary information, including your specimen and sworn confirmation.
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Prepare Payment: The fee for paper filing is $200 per class. Make sure your payment is ready and included with your form.
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Mail It: Send your completed form and payment to the USPTO in Alexandria, Virginia. Double-check the address to ensure it reaches the right place.
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Await Response: Once mailed, it may take longer to receive confirmation and updates compared to online filing.
Timeline
You must file your Statement of Use within six months of receiving the Notice of Allowance. If you're not ready, you can request an extension for an additional six months, up to a total of 36 months. Be mindful of these deadlines to avoid abandoning your application.
Filing your Statement of Use correctly ensures your trademark moves closer to registration. Now that you know how to file, let's dive into some real-world examples of acceptable specimens for goods and services.
Trademark Statement of Use Example
Once you've filed your Trademark Statement of Use, the next step is to provide proof that your trademark is actively used in commerce. This proof comes in the form of specimens, which are real-world examples showing your trademark in action. Let's look at some specimen examples for both goods and services.
Specimen Examples for Goods
When it comes to goods, your specimen must clearly show the trademark as it's used in connection with the product. Here are some acceptable examples:
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Actual Goods: A photograph of the trademark printed directly on the product, like a logo on a bottle of shampoo. This is one of the most straightforward ways to prove use.
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Affixed Labels and Hang Tags: If your product is clothing, a photo of the label or hang tag bearing the trademark is perfect. Make sure the label is attached to the product, not just shown separately.
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Packaging: Sometimes, the product itself doesn't bear the trademark, but its packaging does. For instance, a box of cereal with the trademark prominently displayed on the front is a valid specimen.
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Sales Displays: A point-of-sale display featuring your trademark can also serve as proof. This could be a stand or placard in a retail store showcasing your product.
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Webpage: If you sell online, a screenshot of a webpage where the product is available for purchase, complete with pricing and a shopping cart option, can be submitted. It should clearly show the trademark in use.
Specimen Examples for Services
For services, your specimen needs to demonstrate how the trademark is used in the promotion or delivery of those services. Here are some accepted examples:
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Website: A screenshot of your website offering the services is a common choice. Make sure the trademark is visible and the services are clearly described.
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Advertisement: An ad displaying the trademark alongside a description of the services can be a strong specimen. This could be a digital ad, print ad, or even a flyer.
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Brochure: A brochure that details your services and prominently features the trademark is another solid option. This is especially useful for service-based businesses like consulting or real estate.
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Onsite Signage: A photo of a sign at your business location showing the trademark can also work. This is particularly effective for local service providers like restaurants or salons.
Each of these specimens must clearly link the trademark to the goods or services you offer. They should be legible and leave no doubt that your trademark is actively used in commerce. By providing the right specimens, you help ensure your trademark moves smoothly through the registration process.
Now that you're familiar with specimen examples, let's explore how you can extend the time for filing a Trademark Statement of Use if needed.
Extensions of Time for Trademark Statements of Use
Sometimes, you might need more time to file your Trademark Statement of Use (SOU). Luckily, the United States Patent and Trademark Office (USPTO) allows for extensions. Here's what you need to know about requesting more time.
Extension Request Basics
If you're not ready to file your SOU within the initial six-month period after receiving your Notice of Allowance, you can request an extension. This gives you additional time to use your trademark in commerce and gather the necessary specimens.
You can request an extension every six months, for a total of up to 36 months. This means you can potentially get up to five extensions if needed. But remember, each extension request must be submitted before the current deadline expires.
Filing Fee and Process
Each extension request comes with a filing fee. The fee is $125 per class of goods or services listed in your application. So, if your trademark covers multiple classes, you'll need to pay for each one.
To submit your request, use the Trademark Electronic Application System (TEAS) on the USPTO website. It's a straightforward process, but make sure you include the correct fee to avoid any delays.
Providing Good Cause
When requesting an extension, you must provide a valid reason, or "good cause," for the delay. Common reasons include:
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Production Delays: If you face unexpected delays in manufacturing or producing your product, this can be a valid reason.
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Market Conditions: Unforeseen changes in the market that affect your business plans can justify an extension.
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Regulatory Approvals: Sometimes, you might be waiting for necessary regulatory approvals before you can start using the trademark in commerce.
Make sure your reason is genuine and clearly explained in your request. This increases the likelihood of your extension being granted.
By understanding how to steer the extension process, you can ensure you have the time needed to properly prepare your SOU. This careful planning helps secure your trademark and protects your brand's future.
Now, let's dive into some frequently asked questions about Trademark Statements of Use to further clarify this process.
Frequently Asked Questions about Trademark Statements of Use
What happens if I don’t file a trademark Statement of Use?
If you don't file a Statement of Use (SOU) within the required time frame, your trademark application will be at risk of abandonment. Once you've received a Notice of Allowance from the USPTO, you have six months to submit your SOU. If you miss this deadline and don't request an extension, your application will be considered abandoned. This means you'll lose your place in line, and someone else could potentially register your trademark.
However, if you need more time, you can file an extension request. This gives you additional six-month periods to submit your SOU, up to a total of 36 months from the Notice of Allowance date. Each extension request requires a filing fee, so plan accordingly.
How much does it cost to file a statement of use with the USPTO?
The cost to file a Statement of Use depends on the method you choose and the number of classes your trademark covers. If you file online using the Trademark Electronic Application System (TEAS), the fee is $100 per class. If you opt for paper filing, it's more expensive at $200 per class.
For example, if your trademark application includes three classes of goods or services, you'll pay $300 via TEAS or $600 if you file by mail. It's generally more efficient and cost-effective to file online.
What to include in a trademark Statement of Use?
When filing your Statement of Use, there are several key components you need to include:
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Sworn Confirmation: You must provide a sworn statement affirming that your trademark is in use in commerce. This is a legal declaration, so accuracy is crucial.
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Example of Use: Submit a specimen showing how your trademark is used in commerce. This could be a label, packaging, or an advertisement where your trademark is clearly visible.
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Required Fee: As mentioned, make sure you pay the correct filing fee based on the number of classes your trademark covers.
By ensuring you include these elements, you can avoid delays and increase the chances of your trademark being registered successfully.
Conclusion
Navigating trademarks can be daunting, but KickSaaS Legal is here to simplify the process for you. We specialize in providing legal services custom specifically for small businesses, entrepreneurs, and those in the SaaS and marketing industries. Our goal is to ensure that your intellectual property is protected and leveraged to its fullest potential.
Our team understands the unique challenges faced by businesses today. We offer flat-fee pricing for our services, which means no surprises when it comes to costs. With our deep industry knowledge, led by our CEO Chris, who has experience in both marketing and SaaS, we are uniquely positioned to provide you with practical and strategic legal advice.
Whether you need help with filing a trademark statement of use, understanding the requirements, or navigating the filing process, we are here to guide you every step of the way. Our holistic approach ensures that your business not only complies with legal requirements but also thrives in a competitive landscape.
Protecting your trademark is not just about compliance; it's a strategic move to safeguard your brand and its reputation. With KickSaaS Legal, you can rest easy knowing that your business is in capable hands. We are committed to helping you turn your intellectual property into one of your most valuable assets.
Find how our specialized legal services can support your business's growth. Visit our trademarks service page to learn more and get started.
Together, let's ensure your brand's protection and success in the marketplace.