Cohen IP Lawgroup Trademark Lawyer Phone Number

WHAT IS A STATEMENT OF USE?

Congratulations if you need to file your Statement of Use ("SOU").   That means your application has received a Notice of Allowance and will be approved upon the filing of the SOU.  A Statement of Use is an oath filed by the applicant or the applicant's attorney, in which the applicant makes an "allegation of use" that he/she is actually using the trademark in interstate commerce in connection with the goods and services originally filed for.

When do I file the Statement of Use

If the trademark application was filed on a "use" or 1A basis, then there is no need to file a SOU.  But if the application was filed on an "intent to use" or 1B basis, and you thereafter have received a Notice of Allowance, you must file the SOU within 6 months from the issue date of the Notice of Allowance.  If you fail to file anything, your application will go ABANDONED. 

What do I need to provide you to file the Statement of Use?

The point of the SOU is to prove that you are actually using the trademark in connection with the goods and services filed for.  Therefore, we need the following to file the SOU:  (1)  the earliest date of first use of your trademark in commerce in connection with the goods and services filed for; and (2)  a specimen of the trademark in connection with the goods.  The specimen must be a JPEG picture sent to our office via email clearly showing a picture of the same exact trademark as originally filed on the goods, or in connection with the services.

For Goods: if the trademark class is for goods, then you must provide us with a JPEG picture of the exact trademark as originally filed, on the actual goods.  You may submit a tag or label for the goods; a container for the goods; a display associated with the goods; or a photograph of the goods that shows use of the mark on the goods. Do not submit the actual product. For example, if the goods are for medication, then the trademark must clearly appear on the packaging of the medication.  For clothing, such as shirts, the trademark must be either on the back tag of the shirt, or possibly sleeve or lower bottom corner of the shirt.  Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases, letterhead and business cards generally are NOT acceptable specimens for goods.

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Office Locations  
Wilshire Office Main Office:
9025 Wilshire Blvd., Suite 301
Beverly Hills, California 90211
Phone (310) 288-4500
 

Trademark White line Satellite Offices
5455 Wilshire Blvd. #2100
Los Angeles, California 90036
Phone: (213) 254-2003

Orange County
7545 Irvine Center Drive Suite 200
Irvine, California 92618
(949) 379-8644

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