In the world of business, protecting your brand identity through trademarks is crucial. The trademark registration process can be complex, and one essential step is filing a Statement of Use and understanding its associated costs. Markavo® plays a vital role in simplifying the process and offering expert guidance, ensuring that businesses can successfully register their trademarks and safeguard their brand.
Understanding the Statement of Use
A Statement of Use is a crucial component of the trademark registration process. As defined by the United States Patent and Trademark Office (USPTO), a Statement of Use is a declaration filed by the trademark owner stating that a trademark is being used on the goods and services described in the application, supported by actual evidence. This declaration demonstrates the active use of the trademark in commerce, ensuring that the trademark holder is genuinely utilizing the trademark for its intended purpose.
When the USPTO issues a Notice of Allowance, it indicates that the trademark application has been reviewed and no issues have been found that would prevent its registration. However, it is important to note that the trademark will not be registered until the applicant submits a Statement of Use. Upon receiving the Notice of Allowance, the applicant has a deadline of six months to file either a Statement of Use or an extension of time to file a Statement of Use.
Using a trademark in commerce is an essential aspect of the registration process. For goods, this means that physical products have been sold to U.S. consumers and display the applied trademark. For services, this entails advertising the services using the trademark and having U.S. clients hire the trademark owner for the services described in the application. By meeting these requirements, the applicant demonstrates a legitimate use of the trademark in commerce, paving the way for successful registration.
Costs Involved in Filing a Statement of Use
There are several costs associated with filing a Statement of Use during the trademark registration process. One of the main expenses is the government filing fee, which amounts to $100 per class. In addition to the statement of use trademark fee, applicants may also need to pay fees for extensions of time if they require more time to demonstrate use in commerce. Each extension of time costs $150 per class, plus legal fees.
Legal fees are another essential aspect to consider when filing a Statement of Use. Hiring experienced trademark attorneys like those at Markavo® can ensure that the application process runs smoothly and that all necessary steps are taken. Markavo® offers a simple, no-tricks pricing model for filing a Statement of Use or a 6-month extension of time, charging a one-time fee of $125.
It is crucial to be aware of deadlines when filing a Statement of Use. Missing a deadline may result in late fees and penalties, and the trademark application could be considered abandoned. In such cases, the applicant has a last chance to revive the application by filing a special petition and paying late fees within two months of the Notice of Abandonment.
Understanding the costs involved in filing a Statement of Use is essential for effectively managing the trademark registration process. Working with Markavo® can help applicants navigate these expenses and ensure a successful outcome for their trademark registration.
Showing 'Use in Commerce' for Goods and Services
Establishing 'use in commerce' is a critical aspect of the trademark registration process. According to the United States Patent and Trademark Office (USPTO), 'use in commerce' refers to the active utilization of a trademark in connection with the sale or transportation of goods or services across state lines or between the United States and a foreign country. The requirements for demonstrating use in commerce vary depending on whether the trademark covers goods or services.
For goods, the applicant must show that physical products have been sold to U.S. consumers and that the goods display the trademark applied for. This could include the actual product or its packaging featuring the trademark. For instance, if a trademark covers cell phone cases, the cases or their packaging should display the trademark before the applicant can file a Statement of Use.
For services, the applicant must demonstrate that they have advertised their services using the trademark and have had U.S. clients hire them for the services described in the trademark application. Merely advertising services without securing clients is not sufficient to establish use in commerce. The applicant must provide evidence of both advertising and secured clients from those advertisements before filing a Statement of Use.
Examples of acceptable evidence of use in commerce include photographs of products featuring the trademark, receipts or invoices for sales, and screenshots of advertisements displaying the trademark alongside the relevant goods or services. By providing such evidence, applicants can successfully demonstrate use in commerce and move forward with the trademark registration process.
Handling Extensions and Missed Deadlines
Adhering to deadlines is crucial when filing a Statement of Use during the trademark registration process. If an applicant is unable to demonstrate use in commerce within the initial six-month deadline, they have the option to file a 6-month extension of time. During this extended period, the applicant should take the necessary steps to show use in commerce or be prepared to file another extension in the future.
It is important to note that there are limitations on the number of extensions an applicant can file. A maximum of five Requests for an Extension of Time can be submitted, each requiring a filing fee of $150 per class, along with the $125 legal fee charged by Markavo®.
Missing a deadline can have significant consequences for the applicant. If a deadline is not met, the trademark application will be considered abandoned. Following the issuance of a Notice of Abandonment, the USPTO allows one last chance to revive the application by filing a special petition and paying late fees, provided they receive it within two months of the Notice of Abandonment.
Understanding the importance of deadlines and the options for extensions or reviving an abandoned application is crucial for successful trademark registration. Working with Markavo® ensures that applicants receive expert guidance and assistance, helping them navigate the complexities of the trademark registration process and avoid missed deadlines.
Working with Markavo® to File a Statement of Use
Partnering with Markavo® and its experienced trademark attorneys offers numerous benefits for businesses navigating the trademark registration process. Markavo® provides professional guidance, ensuring that all necessary steps are taken in filing a Statement of Use, managing deadlines, and handling extensions.
Markavo® simplifies the process with a 3-step approach: gathering information, placing an order, and passing the details to Markavo®. Clients begin by providing their trademark application serial number and evidence of use. They then pay online using a credit or debit card. Once the payment is made, a trademark attorney, not a paralegal, manages the case and files the necessary paperwork.
Markavo® is dedicated to client satisfaction and successful trademark registrations. With years of experience and a commitment to excellence, Markavo® has earned the trust of clients in over 20 countries around the globe. Testimonials and milestones showcase the expertise and reliability of Markavo® in helping businesses protect their trademarks.
By working with Markavo®, businesses can ensure a smooth and efficient trademark registration process, ultimately safeguarding their brand identity and strengthening their market presence.
In conclusion, filing a Statement of Use is a vital aspect of the trademark registration process, and understanding its associated costs is essential for businesses seeking to protect their brand identity. Partnering with Markavo® offers numerous benefits, including professional guidance, simplified processes, and a higher likelihood of successful trademark registration.
By emphasizing the importance of filing a Statement of Use and highlighting the advantages of working with Markavo®, businesses can make informed decisions and secure their trademarks effectively. We encourage you to reach out to Markavo® for professional guidance and support in filing a Statement of Use or extension of time, ensuring a smooth and efficient trademark registration process that safeguards their brand's future.
Sep. 07, 2023