This letter is notification that a former franchisee is prohibited from using the trademark of the franchisor in any form of directory advertising.
District of Columbia Notice To Cease Use of Trademark / Servicemark in Directory Advertising and Listing
State:
Multi-State
Control #:
US-9-03-STP
Format:
Word;
Rich Text
Instant download
Description
How to fill out Notice To Cease Use Of Trademark / Servicemark In Directory Advertising And Listing?
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FAQ
Simply, to file a Petition to Cancel with the TTAB, one must state the his/her interest in the case, the cause to action of the case (why the mark deserves to be canceled) and pay the required fee.
Trademark vs. Service Mark. The bottom line is that a trademark represents a product produced by a business while a service mark represents a service offered by the business. A single business can register both trademarks and service marks to brand themselves.
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.
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 ...
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.
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.
In terms of a cancellation proceeding, once there is evidence of three years of nonuse, then the burden shifts to the trademark owner to show use during the three-year period or that despite the three years of nonuse, there was intent to resume use of the mark within a reasonably foreseeable time.
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.
