Why the need for substitute specimens of use? If you’ve encountered a rejection of your trademark specimens of use, then you know what I’m talking about. Substitute specimens. Why and when do they come into play? What exactly are substitute specimens? What are the timing requirements? Can you create new specimens in time? You have […]
Articles Tagged: statement of use
Why request to divide a trademark application?
What is a request to divide a trademark application? We tend to think of trademark applications as “all or nothing,” that a mark is either allowed or rejected. There are times when a trademark application can get more complicated especially when multiple goods or services are involved. A request to divide will split an original […]
Rejected trademark specimens: What to do
Why do trademark specimens get rejected? Back in the old days when paper trademark applications were filed via snail mail, original specimens of use were mailed to the USPTO. The physical specimens of use had to meet certain dimensional requirements, such as being flat or flattened, in order to avoid the hassle of dealing with […]
What is an insurance extension request in an Intent-To-Use trademark application?
How does an insurance extension solve a common predicament in ITU trademark applications? In an Intent-To-Use (ITU) trademark application that has been allowed, an applicant will have a deadline to submit evidence of trademark usage by filing a Statement of Use. Often times, an applicant will file the Statement of Use close to the expiration […]
What is a Statement of Use (SOU)?
What is a Statement of Use? An Intent-To-Use (ITU) trademark application does not require any evidence of trademark use at the initial filing. In fact, one of the advantages of an ITU application is that several goods and/or services may be initially identified in the application without providing any specimens or dates of first use […]
What are acceptable trademark specimens of use?
What is a trademark specimen of use? A trademark must always be tied to a particular product or service. Trademarks do not exist in the abstract. Though a trademark may start as a creation of the mind, it cannot remain in the mind to be protectable. One cannot simply claim rights to a name without […]
What is an (ITU) Intent-To-Use trademark application?
What is an Intent-To-Use application? To register a trademark, the general rule is that you have to use the mark. Registration generally requires use in commerce. So how is it possible to apply for registration when a trademark has not yet been used? As implied in it name, an Intent-To-Use trademark application (ITU application) allows […]