You are able to register a trademark with the USPTO in two situations:
- If you are already using the trademark in your commercial activity, displayed on your products, packaging or other advertising materials. In this case you need to prove the active use of your trademark.
- You can apply for trademark registration before actually using it in commerce by filing an „Intent-To-Use” application in which you state that you intent to use the trademark in the near future. Still, before completing the registration process you need to file a Trademark Statement of Use to prove that you have actually started using the trademark in your commercial activity. If you haven’t started using it, you must submit a Request of Time to File a Statement of Use within 6 months of the time the Notice of Allowance has been issued.
A Word about Trademark Specimens
The trademark specimen required for your trademark registration process consists in a real-world example showing the use of your trademark on your products or in the presentation of your services.
A trademark specimen involves more than just a picture of your logo. For registering trademarks for products classes, specimens refer to instruction manuals, containers or packaging materials, labels or tags displaying your trademark.
It is important to make the difference between the display of your trademark on your products and the display on advertising materials. For products, examples as brochures, catalogs, business stationery or business cards are not considered acceptable specimens.
On the other hand, when registering trademarks for services, examples of materials such as websites, flyers or advertisements are acceptable as specimens, while stationery materials are still not acceptable. If you want to use your business cards as specimen they must include the services offered along with the trademark.
Requirements for Filing Statement of Use
When you file your Trademark Statement of Use you must also provide:
- a total filing fee including fees for each class of goods or services included in your registration application
- a specimen that proves the use of your trademark for each of the classes of goods or services included in your trademark registration. You can complete the registration process only for those classes for which you can prove actual use in commercial activity.
A Statement of Use must include a sworn statement bearing your signature (or the signature of someone authorized to sign in your place) and attest the use of your mark.
Time Frame for Filing a Trademark Statement of Use
The time frame for filing a Trademark Statement of Use is:
- Within six months from the date the Notice of Allowance sent to you by the USPTO has been issued, date that can be verified by visiting http://portal.uspto.gov/external/portal/tow and entering your USPTO serial number.
- Within any extension period that you have been granted by the USPTO.
In the situation where you do not succeed in filing a Statement of Use or a Request for Extension to File a Statement of Use within the indicated period of time, your trademark registration application will be considered abandoned.