Trademark Statement of Use

質問

I have filed for a trademark with USPTO and successfully got the Notice of Allowance on four categories.

I have asked for a few products and services on each category, and now it's time to file the Statement of Use and I'm confused if I'll have to provide a specimen demonstrating the use in commerce for each product/service or just one per class does it.

Any idea?

回答: 3 公開 & 0 非公開

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弁護士

As the others have stated, the general rule is one specimen per class. But beware that if the classes describe a long list of goods/services, or describe "a whole line of _________" goods, the USPTO could require additional specimens for additional goods. Also, remember that when you sign the Statement of Use declaration, you will be swearing under oath that the mark is being used on all of the listed goods/services, not just one per class. While the USPTO may not check that, if you in fact are not using the mark on all of the listed goods/services a third party could attempt to cancel your resulting registration based upon that alleged inaccuracy or untruth before the USPTO.

2c4bd8c722
IPコンサルタント

You need to provide one per each class; for products a picture of the good (or its packaging) showing the mark on it, in case of services you need to show publicity describing the services bearing the mark (Pamphlets, websites, etc). It is very important that each specimen bears the mark as it was filed. Let me know if you need further help/information.

25da12c4d3
弁理士

This is generally covered by TMEP Sections 904.01, 904.03, and 1301.04. Normally, you'll need to provide one specimen per class.

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