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What is ?proof of use?? Proof of use is evidence that clearly shows how you are using your mark in commerce on the identified goods or in connection with the services in your registration. Examples for goods: Photographs that show the mark on a tag or label affixed to the goods.
HOW TO FILE A STATEMENT OF USE FOR A TRADEMARK APPLICATION Receive a Notice of Allowance (NOA) from the USPTO for your Trademark Application. Access the SOU Form. Input the date you first used the mark anywhere.
Prepare the Cancellation Petition: Work with your attorney to draft a formal petition for cancellation. The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled.
The most common defenses in trademark infringement, unfair competition and trademark dilution suits include descriptive fair use, nominative fair use, laches, unclean hands and trademark misuse, fraud in obtaining the registration, and application of the First Amendment.
Proprietary rights must be demonstrated and shown to cause a likelihood of confusion. Testimonial evidence may be sufficient to establish prior and continuous use if it is based on personal knowledge of the facts. The Opposer bears the burden of establishing its prior rights by a preponderance of the evidence.
As part of the Statement of Use, the USPTO requires you to (1) set forth the date on which your trademark was first used anywhere in the United States, (2) set forth the date on which your trademark was first used in interstate commerce, and (3) submit at least one specimen showing actual use of your trademark per ...
You must file an extension request within six months from the mailing date of the NOA or before the expiration of a previously granted extension. Late filed extension requests will be denied. You must pay a fee of $125 per class of goods or services for filing an extension request.
A trademark identifies the source of goods, while a service mark designates the provider of a service. Despite the distinction, the term ?trademark? is commonly used to describe both forms of intellectual property.