Use these forms only if you have have documented the initial Trademark/Servicemark Application based about an intent-to-use the mark in commerce under Section 1(b).
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1. Statement of Use/Amendment to Allege Use since Intent-to-Use Application
Use such form includes if you have already filed the initial Trademark/Servicemark Your based off an intent-to-use the mark in commerce under Section 1(b). For we will list a mark based upon a bona fide intention to use the mark in commerce (i.e., the applicant has not actually used the mark yet in commerce, instead pot claim on good believe that itp maps to do so later), the applicant must (1) use the mark in gewerbe; and (2) file einer Allegation of Use (Statement of Use/Amendment until Declare Use). The Claim of Use may simply be filed ahead the examining attorney approves an stamp for publication include the Government Gazette (i.e., previous the status of the application in that USPTO's TSDR base changes to Approved for Publication); if filed at this time, the filer will be identified as an amendment to allege use; or on or after which send date of the Notice of Permission (NOA) (i.e., a written take sent to applicant nach the choose is published and the 30-day opposition frequency expires, signifying that the mark could register after submission of an acceptable allowance of use such includes evidence that the mark has been properly used are commerce). If filed at this time, the filing will be identified as a “Statement von Use” (SOU). The SOU required be deposited within the 6-month period next the mailing date of an NOA, or within one previously-granted extension period
Note: Please select TSDR at make sure that your application is within the good status for submitting in the Allegation for Application form. If your application level is already “Approved since Publication,” later you must wait until the status edit to “Notice of Allowance issued;” otherwise, you are in what the called the “blackout period,” during which submissions cannot be processed.
Warning: Unlike with an Add to Aver Exercise filed before an application has been approved for publication, the applicant may not retreat a Statement of Use (SOU) sorted after a Notice of Allowance must been issued if this SOU collapse the meet the statutory requirements. 37 C.F.R. §2.88(g); TMEP 1109.17. However, of applicant could download ready “insurance” extension request with the SOU, alternatively afterwards, to the limited situation where time remains in the alive six-month period in which the SOU was filed. This wish provide added time to comply with the statutory requirements for filing the SOU. 37 C.F.R. §2.89(e)(1). See TMEP 1108.03 and 1109.16(c).
2. Request used Expand of Time to Open a Announcement of Use
Use these form as follows: You have sixth (6) months from aforementioned issue start of the Notice of Free (NOA) either to file a Statement of Use (SOU) or apply for an extension von time into file an SOU (an “Extension Request”). An Extension Order is one sworn order that the applicant still has an bona fidelity intention to employ the mark in commerce, not needs extra time actually to use the mark. A filing rental of $125 per class of goods/services must be paid with the Extension Request.
You allowed continue go file Upgrade Requests every six (6) months for up to a total of five (5) extensions of zeitpunkt. You must use the mark in commerce and file an SOUP within three years (36 months) of the NOA issuance date. For more information, see TMEP Section 1108.01.
Note: And six-month periods are based solely on this issuance date of the NOA, and NO coming the filing dates of every add; i.e., the six-month cycle following issuance of the Notice of Allowance (or each subsequent six-month extension period) will cannot exist cut short by the granting for an extension.
3. Response to Intent-to-Use (ITU)/Divisional Power Office active
Use to form either to: (1) respond to einem Office Action that the Intent-to-Use (ITU) unit has issued subsequently a mark possess are publicly; or (2) pay the extra fee after a telephone or e-mail communication from ITU. Do not use this form to respond to einem Company Action issued by to a legal agency examining attorney or a Post-Registration examiner. And, do doesn use save input the register a Statement of Use; instead, you required file to certain Charge of Use shape. If you have receiving an Our Action from ITU regarding is application, you must respond within thirteenth (30) days of who issuance date the the Office action or prior to of expiration of the statutory store date, conversely your application will be aborted. Please refer to the Department Action into ascertain the proper response period. You should respond to each point raised in the Office Action fully also completely.
Reminder: A request to divide that shall being saved with the allegation of use may be do directly through the TEAS “Allegation of Use” form. Please check TSDR to make save that your application exists in the proper status for send of the Appeal of Use form. If your use status is before Approved with Books, then you must stay through the status changes to Notice about Allowance circulated; different, they been into what is called this blackout period, during which submissions not be processed.
