In this article, we will see what is trademark statement and the requirement for filing it. It is always recommended to get your trademark registration to be done officially and also to get your brand’s name as your trademark. This trend is seen in many of the big-time companies. Some companies establish that people often tie up their trademark with the company name automatically.
While registering a trademark is not a big hassle or a very complex task, but there are certain terms you should be familiar with, in order to get your trademark registration done properly. In this article, we will be looking at the trademark statement of use. The name assigns to this term may not do the justice to it because it doesn’t very well explain or give a good hint about it in any way. So, let’s expand it and understand what it really means.
When you register a trademark with U.S. Patent and Trademark Office (USPTO), you need to show that you are indeed using your trademark while selling your goods or services. You cannot just register a trademark and never use it. If you do this, you are basically hogging up that trademark and wasting it. So, in order to avoid this hogging of resources, USPTO need you to actively use your registered trademark with your products.
Some of us might not understand the whole concept of registering the trademark properly and use it to tie up the rights to the trademark. As mentioned above, this is not allowed and will result in you losing your trademark. So, while you register your trademark, you also need to file a “trademark statement of use”, which proves that you are indeed using your trademark on the product and not just hogging it. If you fail to fill in and provide the statement of use, then you will not have your trademark register.
Mostly, this trademark statement of use is filled after you receive your Notice of Allowance from the Trademark Office. After you receive this Notice of Allowance, you have 6 months to file your statement of use. You can request up to 5 extensions before you submit a statement of use.
After you submit your statement of use, an officer is assigned to your case to review your application. If the reviewing officer passes your application, your trademark will be registered and you will get your certificate of registration within a couple of months. But, if the reviewing officer denies your application, they will notify you of the rejection. The trademark reviewing officer will also share the reason(s) that led to the denial of your application and then you will have around 6 months to remedy those problems and re-submit your application for reviewing again.
All of this might sound a little intimidating, but now you might be wondering ” What are the requirements for filing Statement of Use?! “. There isn’t much that you require filing a Statement of Use.
You just need these 2 things:
1.) The total filing fee for each and every service or product that you have mentioned in your registration application of trademark.
2.) A sample or a specimen that proves the actual use of your trademark in your services or products.
You need to prove the actual use of your trademark in your products, this is where you do that. A statement of use must include a sworn statement along with your signature. Also, an attest of the use of your mark.
Trademark Registration may sound like a drag, but remember that this is a onetime process. After completing this process successfully, you will have a registered trademark for your business and a registered trademark. It can yield amazing results for a business. So, go out and start filing for registering the trademark of your brand to ensure that no one else is using your brand’s name. You hold the sole ownership of your own brand.
Related Topic: How to check trademark filing status?