A Statement or Declaration of Use should be submitted if your original trademark application was submitted with an intent-to-use designation (application type 1b), meaning when you applied for your mark, it wasn’t in commercial use yet. When that is the case, the Trademark Office will send you a Notice of Allowance. You have six months from the date on the Notice of Allowance to file a Statement of Use demonstrating that you are actively using the mark in order for the trademark to be registered.
The Statement of Use is a sworn statement informing the Trademark Office of the specific date you began using the mark anywhere in theU.S., the specific date on which you began using the mark in interstate commerce, and an example of the actual use of the mark. Such an example of use can include product labels and packaging, pictures of products, ads, brochures or flyers displaying the mark.
Once your trademark filed as "Intent-to-Use" becomes accepted, we notify you that it is now time to file a Specimen of Use. At this point, we typically request the "specimen" which would be an image showing your trademark in use. This Specimen can be a website, label, brochure, screenshot, etc. Our attorneys will verify whether they believe the Specimen of Use is sufficient and will provide feedback. The fee to submit the Statement of Use is USD 300 for a wordmark or logo, and USD 600 for a wordmark and logo, per class. All of our fees include official USPTO fees.
If you would like Marcaria.com's assistance in filing a Statement of Use or applying for an Extension of Time please email us at [email protected] and we will respond to you within 12 business hours.