November 14, 2019
Trademark Statements of Use (19-11.2)
Statements of use are official forms the USPTO uses to verify that products that are supposed to be protected under a Trademark actually being used by the TM owner. The USPTO will not allow anyone to register a trademark just to take it up; it must be used in the stream of commerce. These statements are usually made in one of two ways, depending on the kind of application you use.
In a Trademark application filed under the “Use in Commerce” basis (meaning already in the stream of commerce) the statement of use describes the specimen(s) that is submitted along with the application, so there isn’t anything separate to file. The specimen is an image that shows how the mark is used on a product, or in connection with a service, and must be shown clearly.
When you file under the “Intent to Use” basis (meaning not in commerce yet, explained more in another post), then a statement of use can be filed after the application when the goods or services start actually being sold. An application like this will not allow a trademark to be registered until the “Use” of the trademark is proven to be used on goods/services in commerce, and it must be provided within 6 months of filing the application or filing an extension up to 36 months.
LEARN MORE: What Every Brand Owner Needs To Know About Filing a Trademark Application & Four Reasons Why Not Having a Registered Trademark Can Cost You Big Money
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About the Author
Randal Robinson is an intellectual property lawyer. Randal focuses his practice on the prosecution and litigation of trademarks.