Basic Facts About Registering a Trademark

U.S. Department of Commerce/Patent and Trademark Office

U.S. DEPARTMENT OF COMMERCE

PATENT & TRADEMARK OFFICE

BASIC FACTS ABOUT REGISTERING A TRADEMARK

What is a Trademark?

A TRADEMARK is either a word, phrase, symbol or design, or combination
of words, phrases, symbols or designs, which identifies and
distinguishes the source of the goods or services of one party from
those of others. A service mark is the same as a trademark except that
it identifies and distinguishes the source of a service rather than a
product. Throughout this booklet the terms “trademark” and “mark” are
used to refer to both trademarks and service marks whether they are word
marks or other types of marks. Normally, a mark for goods appears on
the product or on its packaging, while a service mark appears in
advertising for the services.

A trademark is different from a copyright or a patent. A copyright
protects an original artistic or literary work; a patent protects an
invention. For copyright information call the Library of Congress at
(202) 707-3000.

Establishing Trademark rights

Trademark rights arise from either (1) actual use of the mark, or (2)
the filing of a proper application to register a mark in the Patent and
Trademark Office (PTO) stating that the applicant has a bona fide
intention to use the mark in commerce regulated by the U.S. Congress.
(See below, under “Types of Applications,” for a discussion of what is
meant by the terms commerce and use in commerce.) Federal registration
is not required to establish rights in a mark, nor is it required to
begin use of a mark. However, federal registration can secure benefits
beyond the rights acquired by merely using a mark. For example, the
owner of a federal registration is presumed to be the owner of the mark
for the goods and services specified in the registration, and to be
entitled to use the mark nationwide.

There are two related but distinct types of rights in a mark: the right
to register and the right to use. Generally, the first party who either
uses a mark in commerce or files an application in the PTO has the
ultimate right to register that mark. The PTO’s authority is limited to
determining the right to register. The right to use a mark can be more
complicated to determine. This is particularly true when two parties
have begun use of the same or similar marks without knowledge of one
another and neither has a federal registration. Only a court can render
a decision about the right to use, such as issuing an injunction or
awarding damages for infringement. It should be noted that a federal
registration can provide significant advantages to a party involved in a
court proceeding. The PTO cannot provide advice concerning rights in a
mark. Only a private attorney can provide such advice.

Unlike copyrights or patents, trademark rights can last indefinitely if
the owner continues to use the mark to identify its goods or services.
The term of a federal trademark registration is 10 years, with 10-year
renewal terms. However, between the fifth and sixth year after the date
of initial registration, the registrant must file an affidavit setting
forth certain information to keep the registration alive. If no
affidavit is file, the registration is canceled.

Types of Applications for Federal Registration

An applicant may apply for federal registration in three principal ways.
(1) An applicant who has already commenced using a mark in commerce may
file based on that use (a “use” application). (2) An applicant who has
not yet used the mark may apply based on a bona fide intention to use
the mark in commerce (an “intent-to-use” application). For the purpose
of obtaining federal registration, commerce means all commerce which may
lawfully be regulated by the U.S. Congress, for example, interstate
commerce or commerce between the U.S. and another country. The use in
commerce must be a bona fide use in the ordinary course of trade, and
not made merely to reserve a right in a mark. Use of a mark in
promotion or advertising before the product or service is actually
provided under the mark on a normal commercial scale does not qualify as
use in commerce. Use of a mark in purely local commerce within a state
does not qualify as “use in commerce.” If an applicant files based on a
bona fide intention to use in commerce, the applicant will have to use
the mark in commerce and submit an allegation of use to the PTO before
the PTO will register the mark (See page 12). (3) Additionally, under
certain international agreements, an applicant from outside the United
States may file in the United States based on an application or
registration in another country. For information regarding applications
based on international agreements please call the information number
provided on page 4.

A United States registration provides protection only in the United
States and its territories. If the owner of mark wishes to protect a
mark in other countries, the owner must seek protection in each country
separately under the relevant laws. The PTO cannot provide information
or advice concerning protection in other countries. Interested parties
may inquire directly in the relevant country or its U.S. offices or
through an attorney.

Who May File an Application?

The application must be filed in the name of the owner of the mark;
usually an individual, corporation or partnership. The owner of a mark
controls the nature and quality of the goods or services identified by
the mark. See below in the line-by-line instructions for information
about who must sign the application and other papers.

The owner may submit and prosecute its own application for registration,
or may be represented by an attorney. The PTO cannot help select an
attorney.

Foreign Applicants

Applicants not living in the United States must designate in writing the
name and address of a domestic representative – a person residing in the
United States “upon whom notices of process may be served for
proceedings affecting the mark.” The applicant may do so by submitting
a statement that the named person at the address indicated is appointed
as the applicant’s domestic representative under 1(e) of the Trademark
Act. The applicant must sign this statement. This person will receive
all communications from the PTO unless the applicant is represented by
an attorney in the United States.

Searches for Conflicting Marks

An applicant is not required to conduct a search for conflicting marks
prior to applying with the PTO. However, some people find it useful. In
evaluating an application, an examining attorney conducts a search and
notifies the applicant if a conflicting mark is found. The application
fee, which covers processing and search costs, will not be refunded even
if a conflict is found and the mark cannot be registered.

To determine whether there is a conflict between two marks, the PTO
determines whether there would be likelihood of confusion, that is,
whether relevant consumers would be likely to associate the goods or
services of one party with those of the other party as a result of the
use of the marks at issue by both parties. The principal factors to be
considered in reaching this decision are the similarity of the marks and
the commercial relationship between the goods and services identified by
the marks. To find a conflict, the marks need not be identical, and the
goods and services do not have to be the same.

The PTO does not conduct searches for the public to determine if a
conflicting mark is registered, or is the subject of a pending
application, except as noted above when acting on an application.
However, there are a variety of ways to get this same type of
information. First, by performing a search in the PTO public search
library. The search library is located on the second floor of the South
Tower Building, 2900 Crystal Drive, Arlington, Virginia 22202. Second,
by visiting a patent and trademark depository library (at locations
listed on pages 14 and 15). These libraries have CD-ROMS containing the
trademark database of registered and pending marks. Finally, either a
private trademark search company, or an attorney who deals with
trademark law, can provide trademark registration information. The PTO
cannot provide advice about possible conflicts between marks.

Laws & Rules Governing Federal Registration

The federal registration of trademarks is governed by the
Trademark Act of 1946, as amended, 15 U.S.C. 1051 et seq.; the
Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of
Examining Procedure (2d ed. 1993).

Other Types of Applications

In addition to trademarks and service marks, the Trademark Act provides
for federal registration of other types of marks, such as certification
marks, collective trademarks and service marks, and collective
membership marks. These types of marks are relatively rare. For forms
and information regarding the registration of these marks, please call
the appropriate trademark information number indicated below.

Where to Send the Application and Correspondence

The application and all other correspondence should be addressed the
“The Assistant Commissioner for Trademarks, 2900 Crystal Drive,
Arlington, Virginia 22202-3513.” The initial should be directed to
“Box NEW APP/FEE.” An AMENDMENT TO ALLEGE USE should be directed to
“Attn. AAU.” A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO
FILE A STATEMENT OF USE should be directed to “Box ITU/FEE.” (See page
5 for an explanation of these terms.) The applicant should indicate its
telephone number on the application form. Once a serial number is
assigned to the application, the applicant should refer to the serial
number in all written and telephone communications concerning the
application.

It is advisable to submit a stamped, self-addressed postcard with the
application specifically listing each item in the mailing, that is, the
written application, the drawing, the fee, and specimens (if
appropriate). THE PTO will stamp the filing date and serial number of
the application on the postcard to acknowledge receipt. This will help
the applicant if any item is later lost if the applicant wishes to
inquire about the application. The PTO will send a separate official
notification of the date and serial number for every application about
two months after receipt.

Use of the “TM,” “SM” and “R” Symbols

Anyone who claims rights in a mark may use the TM (trademark) or SM
(service mark) designation with the mark to alert the public to the
claim. It is not necessary to have a registration, or even a pending
application, to use these designations. The claim may or may not be
valid. The registration symbol, R, may only be used when the mark is
registered in the PTO. It is improper to use this symbol at any point
before the registration issues. Please omit all symbols from the mark
in the drawing you submit with your application; the symbols are not
considered part of the mark.

Information Numbers

General Trademark or Patent Information
(703)308-HELP
Automated (Recorded) General Trademark or Patent Information
(703)557-INFO
Automated Line for Status Information on Trademark
(703)305-8747
Applications (Additional status information is available at
(703)308-9400)
Assignment & Certification Branch (Assignments, Changes of
(703)308-9723
Name, and Certified Copies of Applications and Registrations)
Trademark Assistance Center
(703)308-9000
Information Regarding Renewals [Sec. 9], Affidavits of Use
[Sec. 8], Incontestability [Sec. 15], or Correcting a
Mistake on a Registration
(703)308-9500
Information Regarding Applications Based on International
(703)308-9000
Agreements or for Certification, Collective, or Collective
Membership Marks
Trademark Trial and Appeal Board
(703)308-9300
Assistant Commissioner for Trademarks
(703)308-8900

THE REGISTRATION PROCESS

Filing Date – Filing Receipt

The PTO is responsible for the federal registration of trademarks. When
an application is received, the PTO reviews it to determine if it meets
the minimum requirements for receiving a filing date. If the application
meets the filing requirements, the PTO assigns it a serial number and
sends the applicant a receipt about two months after filing. If the
minimum requirements are not met, the entire mailing, including the
filing fee, is returned to the applicant.

Examination

About four months after filing, an examining attorney at the PTO reviews
the application and determines whether the mark may be registered. If
the examining attorney determines that the mark cannot be register, the
examining attorney will issue a letter listing any grounds for refusal
and any corrections required in the application. The examining attorney
m ay also contact the applicant by telephone if only minor corrections
are required. The applicant must respond to any objections within six
months of the mailing date of the letter, or the application will be
abandoned. If the applicant’s response does not overcome all
objections, the examining attorney will issue a final refusal. The
applicant may then appeal to the Trademark Trial and Appeal Board, an
administrative tribunal within the PTO>

A common ground for refusal is likelihood of confusion between the
applicant’s mark and a registered mark. This ground is discussed on
pages 2 and 3. Marks which are merely descriptive in relation to the
applicant’s goods or services, or a feature of the goods or services,
may also be refused. Marks consisting of geographic terms or surnames
may also be refused. Marks may be refused for other reasons as well.

Publication for Opposition

If there are no objections, or if the applicant overcomes all
objections, the examining attorney will approve the mark for publication
in the Official Gazette, a weekly publication of the PTO. The PTO will
send a NOTICE OF PUBLICATION to the applicant indicating the date of
publication. In the case of two or more applications for similar marks,
the PTO will publish the application with the earliest effective filing
date first. Any party who believes it may be damaged by the
registration of the mark has 30 days from the date of publication to
file an opposition to registration. An opposition is similar to a
formal proceeding in the federal courts, but is held before the
Trademark Trial and Appeal Board. If no opposition is filed, the
application enters the next stage of the registration process.

Issuance of Certificate of Registration or Notice of Allowance

If the application was based upon the actual use of the mark in commerce
prior to approval for publication, the PTO will register the mark and
issue a registration certificate about 12 weeks after the date the mark
was published, if no opposition was filed.

If, instead, the mark was published based upon the applicant’s statement
of having a bona fide intention to use the mark in commerce, the PTO
will issue a NOTICE OF ALLOWANCE about 12 weeks after the date the mark
was published, again provided no opposition was filed. The applicant
then has six months from the date of the NOTICE OF ALLOWANCE to either
(1) use the mark in commerce and submit a STATEMENT OF USE, or (2)
request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE (see
forms and instructions in this booklet). The applicant may request
additional extensions of time only as noted in the instructions on the
back of the extension form. If the STATEMENT OF USE is filed a
approved, the PTO will then issue the registration certificate.

FILING REQUIREMENTS

WARNING: BEFORE COMPLETING AN APPLICATION, READ THE INSTRUCTIONS
CAREFULLY AND STUDY THE EXAMPLES PROVIDED. ERRORS OR OMISSIONS MAY
RESULT IN THE DENIAL OF A FILING DATE AND THE RETURN OF APPLICATION
PAPERS, OR THE DENIAL OF REGISTRATION AND FORFEITURE OF THE FILING FEE.

To receive a filing date, the applicant must provide all of the
following:

1. A Written application form;
2. A drawing of the mark on a separate piece of paper;
3. The required filing fee (see page 11 for fee information); and
4. If the application is filed based upon prior use of the mark
in commerce, three specimens for each class of goods or
services. The specimens must show actual use of the mark with
the goods or services. The specimens may be identical or they
may be examples of three different uses showing the same mark.

1. WRITTEN APPLICATION FORM [PTO FORM 1478]

The application must be in English. A separate application must be
filed for each mark the applicant wishes to register. Likewise, if the
applicant wishes to register more than one version of the same mark, a
separate application must be filed for each version. PTO Form 1478
included in the back of this booklet may be used for either a trademark
or service mark application. It may be photocopied for your convenience.
See the examples of completed applications on pages 16 and 17 with
references to the following line-by-line instructions.

LINE-BY-LINE INSTRUCTIONS FOR FILLING OUT PTO FORM 1478, ENTITLED
“TRADEMARK/SERVICE MARK APPLICATION, PRINCIPAL REGISTER, WITH
DECLARATION”

Space 1 — The Mark

It is not necessary to fill in this box. The PTO will determine the
proper International Classification based upon the identification of the
goods and services in the application. However, if the applicant knows
the International Class number(s) for the goods and services, the
applicant may place the number(s) in this box. The International
Classes are listed inside of the back cover of this booklet. If the PTO
determines that the goods and services listed are in more than one
class, the PTO will notify the applicant during examination of the
application, and the applicant will have the opportunity to pay the fees
for any additional classes or to limit the goods and services to one or
more classes.

Space 3 — The Owner of the Mark

The name of the owner of the mark must be entered in this box. The
application must be filed in the name of the owner of the mark or the
application will be void, and the applicant will forfeit the filing fee.
The owner of the mark is the party who controls the nature and quality
of the goods sold, or services rendered, under the mark. The owner may
be an individual, a partnership, a corporation, or an association or
similar firm. If the applicant is a corporation, the applicant’s name
is the name under which it is incorporated. If the applicant is a
partnership, the applicant’s name is the name under which it is
organized.

Space 4 — The Owner’s Address

Enter the applicant’s business address. If the applicant is an
individual, enter either the applicant’s business or home address.

Space 5 — Entity Type and Citizenship/Domicile

The applicant must check the box which indicates the type of entity
applying. In addition, in the blank following the box, the applicant
must specify the following information:

Space 5(a) — for an individual, the applicant’s national citizenship;

Space 5(b) — for a partnership, the names and national citizenship of
the general partners and the state where the partnership is organized
(if a U.S. partnership) or country (if a foreign partnership);

Space 5(c) — for a corporation, the state of incorporation (if a U.S.
corporation), or country (if a foreign corporation); or

Space 5(d) — for another type of entity, specify the nature of the
entity and the state where it is organized (if in the U.S.) or county
where it is organized (if a foreign entity).

Space 6 — Identification of the Goods and/or Services

In this blank the applicant must state the specific goods and services
for which registration is sought and with which the applicant has
actually used the mark in commerce, or in the case of an “intent-to-use”
application, has a bona fide intention to use the mark in commerce. Use
clear and concise terms specifying the actual goods and services by
their common commercial names. A mark can only be registered for
specific goods and services. The goods and services listed will
establish the scope of the applicant’s rights in the relevant mark.

The goods and services listed must be the applicant’s actual “goods in
trade” or the actual services the applicant renders for the benefit of
others. Use language that would be readily understandable to the
general public. For example, if the applicant uses or intends to use
the mark to identify “candy,” “word processors,” “baseballs and baseball
bats,” “travel magazines,” “dry cleaning services” or “restaurant
services” the identification should clearly and concisely list each such
item. If the applicant uses indefinite terms, such as “accessories,”
“components,” “devices,” “equipment,” “food,” “materials,” “parts,”
“systems,” “products,” or the like, then those words must be followed by
the word “namely” and the goods or services listed by their common
commercial name(s). Note that the terms used in the classification
listing on the inside of the back cover of this booklet are generally
too broad. Do not use these terms by themselves.

The applicant must be very careful when identifying the goods and
services. Because the filing of an application established certain
presumptions of rights as of the filing date, the application may not be
amended later to add any products or services not within the scope of
the identification. For example, the identification of “clothing” could
be amended to “shirts and jackets,” which narrows the scope, but could
not be amended to “retail clothing store services,” which would change
the scope. Similarly, “physical therapy services” could not be changed
to “medical services” because this would broaden the scope of the
identification. Also, if the identification includes a trade channel
limitation, deleting that limitation would broaden the scope of the
identification.

The identification of goods and services must not describe the mode of
use of the mark, such as on labels, stationery, menus, signs, containers
or in advertising. There is another place on the application, called
the “method-of-use clause,” for this kind of information. (See
information under Space 7a, fourth blank, described on the next page.)
For example, in the identification of goods and services, the term
“advertising” usually is intended to identify a service rendered by
advertising agencies. Moreover, “labels,” “menus,” “signs” and
“containers” are specific goods. If the applicant identifies these goods
or services by mistake, the applicant may not amend the identification
to the actual goods or services of the applicant. Thus, if the
identification indicates “menus,” it could not be amended to “restaurant
services.” Similarly, if the goods are identified s “containers or
labels for jam,” the identification could not be amended to “jam.”

NOTE: If nothing appears in this blank, or if the identification does
not identify any recognizable goods or services, the application will be
denied a filing date and returned to the applicant. For example, if the
applicant specifies the mark itself or wording such as “company name,”
“corporate name,” or “company logo,” and nothing else, the application
will be denied a filing date and returned to the applicant. If the
applicant identifies the goods and services too broadly as, for example,
“advertising and business,” “miscellaneous,” “miscellaneous goods and
services,” or just “products,” or “services,” the application will also
be denied a filing date and returned to the applicant.

Space 7 — Basis for Filing

The applicant must check at least one of the four boxes to specify a
basis for filing the application. The applicant should also fill in all
blanks which follow the checked box(es). Usually an application based
upon either (1) use of the mark in commerce (the first box), or (2) a
bona fide intention to use the mark in commerce (the second box). You
may not check both the first and second box. If both the first and
second boxes are checked, the PTO will not accept the application and
will return it. If an applicant wished to apply to register a mark, for
certain goods and services for which it is already using the mark in
commerce, and also for other goods and services based on future use,
separate applications must be filed to separate the relevant goods and
services from each other.

Space 7(a)

If the applicant is using the mark in commerce in relation to all of the
goods and services listed in the application, check this first box and
fill in the blanks.

In the first blank specify the date the trademark was first used to
identify the goods and services in a type of commerce which may be
regulated by Congress.

In the second blank specify the type of commerce, specifically a type of
commerce which may be regulated by Congress, in which the goods were
sold or shipped, or the services were rendered. (See page 2 for a
discussion of the meaning of “use in commerce.”) For example, indicate
“interstate commerce” (commerce between two or more states) or commerce
between the United Stats and a specific foreign country, for example,
“commerce between the U.S. and Canada.”

In the third blank specify the date that the mark was first used
anywhere to identify the goods or services specified in the application.
This date will be the same as the date of the first use in commerce
unless the applicant made some use, for example, within a single state,
before the first use in commerce.

In the fourth blank specify how the mark is placed on the goods or used
with the services. This if referred to as the “method-of-use clause,”
and should not be confused with the identification of the goods and
services described under Space 6. For example, in relation to goods,
state “the mark is used on labels affixed to the goods,” or “the mark is
used on containers for the goods,” whichever is accurate. In relation
to services, state “the mark is used in advertisements for the
services.”

Space 7(b)

If the applicant has a bona fide intention to use the mark in commerce
in relation to the goods or services specified in the application, check
this second box and fill in the blank. The applicant should check this
box if the mark has not been used at all or if the mark has been used on
the specified goods or services only within a single state.

In the blank, state how the mark is intended to be placed on the goods
or used with the services. For example, for goods, state “the mark will
be used on labels affixed to the goods,” or “the mark will be used on
containers for the goods,” whichever is accurate. For services, state
“the mark will be used in advertisements for the services.”

Spaces 7(c) and (d)

These spaces are usually used only by applicants from foreign countries
who are filing in the United States under international agreements.
These applications are less common. For further information about
treaty-based applications, call the trademark information number listed
in this booklet on page 4, or contact a private attorney.

Space 8 — Verification and Signature

The applicant must verify the truth and accuracy of the information in
the application and must sign the application. The declaration in Space
8, on the back of the form, is for this purpose. If the application is
not signed, the application will not be granted a filing date and will
be returned to the applicant. If the application is not signed by an
appropriate person, the application will be found void and the filing
fee will be forfeited. Therefore, it is important that the proper
person sign the application.

Who should sign?

If the applicant is an individual, that individual must sign.

If the applicant is a partnership, a general partner must sign.

If the applicant is a corporation, association or similar organization,
an officer of the corporation, association or organization must sign.
An officer is a person who holds an office established in the articles
of incorporation or the bylaws. Officers may not delegate this authority
to non officers.

If the applicants are joint applicants, all joint applicants must sign.

The person who signs the application must indicate the date signed,
provide a telephone number to be used if it is necessary to contact the
applicant, and clearly print or type their name and position.

2. THE DRAWING PAGE

Every application must include a single drawing page. If there is no
drawing page, the application will be denied a filing date and returned
to the applicant. The PTO uses the drawing to file the mark in the PTO
search records and to print the mark in the Official Gazette and on the
registration.

The drawing must be on pure white, durable, non-shiny paper that is 8
1/2 (21.59 cm) inches wide by 11 (27.94cm) inches long. There must be at
least a one-inch (2.54cm) margin on the sides, top and bottom of the
page, and at least one inch between the heading and the display of the
mark.

At the top of the drawing there must be a heading, listing on separate
lines, the applicant’s complete name, address, the goods and services
specified in the application, and in applications based on use in
commerce, the date of first use of the mark and the date of first use of
the mark in commerce. This heading should be typewritten. If the
drawing is in special form, the heading should include a description of
the essential elements of the mark.

The drawing of the mark should appear at the center of the page.

The drawing of the mark may be typewritten, as shown on page 19, or it
may be in special form, as shown on page 18.

If the mark included words, numbers or letters, the applicant can
usually elect to submit either a typewritten or a special-form drawing.
To register a mark consisting of only words, letters or numbers, without
indication any particular style or design, provide a typewritten
drawing. In a typewritten drawing the mark must be typed entirely in
CAPITAL LETTERS, even if the mark, as used, included lower-case letters.
Use a standard typewriter or type of the same size and style as that on
a standard typewriter.

To indicate color, use the color linings shown below. The appropriate
lining should appear in the area where the relevant color would appear.
If the drawings is lined for color, insert a statement in the written
application to indicate so, for example, “The mark is lined for the
colors red and green.” A plain black- and-white drawing is acceptable
even if the mark is used in color. Most drawings do not indicate
specific colors.

RED OR BROWN BLUE GRAY OR
PINK SILVER
Graphic Omitted Graphic Omitted Graphic Omitted graphic
omitted

VIOLET OR GREEN ORANGE YELLOW OR
PURPLE GOLD
Graphic Omitted Graphic Omitted Graphic Omitted graphic
omitted

Be careful in preparing the drawing. While it may be possible to make
some minor changes, the rules prohibit any material change to the
drawing of the mark after filing.

To register a word mark in the form in which it is actually used or
intended to be used in commerce, or any mark including a design, submit
a special-form drawing. In a special-form drawing, the mark must not be
larger than 4 inches by 4 inches (10.16 cm by 10.16 cm). If the drawing
of the mark is larger than 4 inches by 4 inches, the application will be
denied a filing date and returned to the applicant. In addition, the
drawing must appear only in black and white, with every line and letter
black and clear. No color or gray is allowed. Do not combine typed
matter and special form in the same drawing.

The drawing in special form must be a substantially exact representation
of the mark as it appears on the specimens. The applicant may apply to
register any portion of a mark consisting of more than one element,
provided the mark displayed in the drawing creates a separate impression
apart from other elements it appears with on the specimens. For
example, generally it is possible to register a word mark by itself even
though the specimen shows the work mark used in combination with a
design or as part of a logo. Do not include non trademark matter in the
drawing, such as informational matter which may appear on a label. In
the end, the applicant must decide exactly what to register and in what
form. The PTO considers the drawing controlling in determining exactly
what mark the application covers.

3. FEES

Filing Fee

The application filing fee is $245.00 for each class of goods or
services listed. See the International Classification of Goods and
Services listed n the inside of the back cover.) At least $245.00 must
accompany the application, or the application will be denied a filing
date and all the papers returned to the applicant. Fee increases, when
necessary, usually take effect on October 1 of any given year. Please
call the general information number listed on page 4 for up-to-date fee
information if filing after September 1995. The PTO receives no
taxpayer funds. The PTO’s operations are supported entirely from fees
paid by applicants and registrants.

Additional Fees Related to Intent-To-Use Applications

In addition to the application filing fee, applicants filing based on a
bona fide intention to use a mark in commerce must submit a fee of
$100.00 for each class of goods or services in the application when
filing any of the following:

an AMENDMENT TO ALLEGE USE
a STATEMENT OF USE
a REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE

Form of Payment

All payments must be made in United States currency, by check, post
office money order or certified check. Personal or business checks may
be submitted. Make checks and money orders payable to: The Assistant
Commissioner for Trademarks.

NOTE: FEES ARE NOT REFUNDABLE.

4. SPECIMENS

The following information is designed to provide guidance regarding the
specimens required to show use of the mark in commerce.

When to File the Specimens

If the applicant has already used the mark in commerce an files based on
this use in commerce, then the applicant must submit three specimens per
class showing use of the mark in commerce with the application. If,
instead, the application is based on a bona fide intention to use mark
in commerce, the applicant must submit three specimens per class at the
time the applicant files either an AMENDMENT TO ALLEGE USE or a
STATEMENT OF USE.

What to File as a Specimen

The specimens must be actual samples of how the mark is being used in
commerce. The specimens may be identical or they may be examples of
three different uses showing the same mark.

If the mark is used on goods, examples of acceptable specimens are tags
or labels which are attached to the goods, containers for the goods,
displays associated with the goods, or photographs of the goods showing
use of the mark on the goods themselves. If it is impractical to send
an actual specimen because of its size, photographs or other acceptable
reproductions that show the mark on the goods, or packaging for the
goods, must be furnished. Invoices, announcement, order forms, bills of
lading, leaflets, brochures, catalogs, publicity releases, letterhead,
and business cards generally are not acceptable specimens for goods.

If the mark is used for services, examples of acceptable specimens are
signs, brochures about the services, advertisements for he services,
business cards or stationery showing the mark in connection with the
services, or photographs which show the mark either as it is used in the
rendering or advertising of the services. In the case of a service
mark, the specimens must either show the mark and include some clear
reference to the type of services rendered under the mark in some form
of advertising, or show the mark as it is used in the rendering of the
service, for example on a store front or the side of a delivery or
service truck.

Specimens may not be larger than 8 1/2 inches by 11 inches (21.59 cm by
27.94 cm) and must be flat. See pages 18 through 22 for samples of some
different types of specimens. Smaller specimens, such as labels, may be
stapled to a sheet of paper and labeled “SPECIMENS.” A separate sheet
can be used for each class.

ADDITIONAL REQUIREMENTS FOR INTENT-TO-USE APPLICATIONS

An applicant who files its application based on having a bona fide
intention to use a mark in commerce must make use of the mark in
commerce before the mark can register. After use in commerce begins,
the applicant must submit:

1. three specimens evidencing use as discussed above;
2. a fee of $100.00 per class of goods or services in the application;
and
3. either (1) an AMENDMENT TO ALLEGE USE if the application has not yet
been approved for publication (use PTO form 1579) or (2) a STATEMENT
OF USE if the mark has been published and the PTO has issued a NOTICE
OF ALLOWANCE (use PTO Form 1580).

If the applicant will not make use of the mark in commerce within six
months of the NOTICE OF ALLOWANCE, the applicant must file a REQUEST FOR
AN EXTENSION OF TIME TO FILE A STATEMENT OF USE, or the application is
abandoned. (Use PTO Form 1581, which in intended only for this
purpose.)

See the instructions and information on the back of the forms. The
previous information about specimens, identifications of goods and
services and dates of use is also relevant to filing an AMENDMENT TO
ALLEGE USE or STATEMENT OF USE. Follow the instructions on these forms
carefully. Failure to file the necessary papers in proper form within
the time provided may result in abandonment of the application.

PATENT AND TRADEMARK OFFICE SERVICES

Trademark Assistance Center

In order to provide improved service to trademark applicants,
registrants, and the general public, the Patent and Trademark Office has
implemented a pilot program called the “Trademark Assistance Center.”
The Center provides general information about the trademark registration
process and responds to inquiries pertaining to the status of specific
trademark applications and registrations. The location of the Center is
2900 Crystal Drive, Room 4B10, Arlington, Virginia 22202-3513.
Assistance may be obtained in-person or by dialing (703)308-9000, Monday
through Friday, 8:30 a.m. – 5:00 p.m. eastern time, except holidays.
Please note that personal assistance concerning trademark as well as
patent matters will continue to be available at (703)308-HELP and
recorded information will continue to be available at (703)557-INFO.
Also, automated information about the status of trademark applications
and registrations will continue to be available at (703)305-8747.

Patent and Trademark Depository Libraries

The following libraries, designated as Patent and Trademark Depository
Libraries (PTDLs) receive patent and trademark information in various
formats from the U.S. Patent and Trademark Office. Many PTDLs have on
file all full-text patents issued since 1790, trademarks published since
1872, and select collections of foreign patents. All PTDLs have both
the patent and trademark sections of the Official Gazette of the U.S.
Patent and Trademark Office. The full-text utility and design patents
are distributed numerically on 16 mm microfilm, and plant patents on
color microfiche. Patent and trademark search systems on CD- ROM format
are available at all PTDLs to increase utilization of and enhance access
to the information found in patents and trademarks. It is through the
CD-ROM systems that preliminary patent and trademark searches can be
conducted through the numerically arranged collections.

All information is available for use by the public free of charge.
Facilities for making paper copies of patent and trademark information
are generally provide for a fee.

State Name of Library Telephone Contact

Alabama Auburn University Libraries (205) 844-1747
Birmingham Public Library (205) 226-3620
Alaska Anchorage: Z.J. Loussac Public
Library (907) 562-7323
Arizona Tempe: Noble Library, Arizona State
University (602) 965-7010
Arkansas Little Rock: Arkansas State

Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Sacramento: California State
Library (916) 654-0069

San Diego Public Library (619) 236-5813
San Francisco Public Library Not Yet Operational
Sunny vale Patent Clearinghouse (408) 730-7290
Colorado Denver Public Library (303) 640-8847
Connecticut New Haven: Science Park Library (203) 786-5447
Delaware Newark: University of Delaware
Library (302) 831-2965
Dist. of Columbia Washington: Howard University
Libraries (202) 806-7252
Florida Fort Lauderdale: Broward County

Main Library (305) 357-7444
Miami-Dade Public Library (305) 375-2665
Orlando: University of Central
Florida Libraries (407) 823-2562
Tampa: Tampa Campus Library,
University of South Florida (813) 974-2726
Georgia Atlanta: Price Gilbert Memorial
Library, Georgia Institute of
Technology (404) 894-4508
Hawaii Honolulu: Hawaii State Public
Library System (808) 586-3477
Idaho Moscow: University of Idaho
Library (208) 885-6235
Illinois Chicago Public Library (312) 747-4450
Springfield: Illinois State
Library (217) 782-5659
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette: Purdue University
Libraries (317) 494-2873
Iowa Des Moines: State Library of Iowa(515) 281-4118
Kansas Wichita: Ablah Library, Wichita State
University (316) 689-
3155
Kentucky Louisville Free Public Library (502) 574-1611
Louisiana Baton Rouge: Troy H. Middleton Library,
Louisiana State University (504) 388-2570
Maine Orono: Raymond H. Fogler Library,
University of Maine Not Yet Operational
Maryland College Park: Engineering and
Physical Sciences Library,
University of Maryland (301) 405-9157
Massachusetts Amherst: Physical Sciences Library,
University of Massachusetts (413) 545-1370
Boston Public Library (617) 536-5400 Ext. 265

Michigan Ann Arbor: Engineering Transportation
Library, University of Michigan (313) 764-5298

Big Rapids: Abigail S. Timme Library,
Ferris State University (616) 592-3602

Detroit Public Library (313) 833-1450
Minnesota Minneapolis Public Library and
Information Center (612) 372-6570
Mississippi Jackson: Mississippi Library
Commission (601) 359-1036
Missouri Kansas City: Linda Hall Library (816) 363-4600
St. Louis Public Library(314) 241-2288 Ext. 390
Montana Butte: Montana College of Mineral Science
and Technology Library (406) 496-4281
Nebraska Lincoln: Engineering Library, University

of Nebraska-Lincoln (402) 472-3411
Nevada Reno: University of Nevada-Reno
Library (702) 784-6579
New Hampshire Durham: University of New Hampshire
Library (603) 862-1777
New Jersey Newark Public Library (201) 733-7782
Piscataway: Library of Science and
Medicine, Rutgers University (908) 445-2895
New Mexico Albuquerque: University of New Mexico
General Library (505) 277-4412
New York Albany: New York State Library (518) 474-5355
Buffalo and Erie County Public
Library (716) 858-7101
New York Public Library (The Research
Libraries) (212) 930-0917
North Carolina Raleigh: D.H. Hill Library, North
Carolina State University (919) 515-3280
North Dakota Grand Forks: Chester Fritz Library,
University of North Dakota (701) 777-4888
Ohio Cincinnati and Hamilton County, Public
Library of (513) 369-6936
Cleveland Public Library (216) 623-2870
Columbus: Ohio State University
Libraries (614) 292-6175
Toledo/Lucas County Public Library(419) 259-5212
Oklahoma Stillwater: Oklahoma State University
Library (405) 744-7086
Oregon Salem: Oregon State Library (5030 378-4239
Pennsylvania Philadelphia, The Free Library of (215) 686-5331
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: Pattee Library,
Pennsylvania State University (814) 865-4861
Rhode Island Providence Public Library (401) 455-8027
South Carolina Charleston: Medical University of
South Carolina Library (803) 792-2372
Clemson University Libraries (803) 656-3024
South Dakota Rapid City: Devereaux Library, South
Dakota School of Mines and
Technology Not Yet Operational
Tennessee Memphis & Shelby County Public Library
and Information Center (901) 725-8877
Nashville: Stevenson Science Library,
Vanderbilt University (615) 322-2775
Texas Austin: McKinney Engineering Library,
University of Texas at Austin (512) 495-4500
College Station: Sterling C. Evans
Library, Texas A & M University (409) 845-3826
Dallas Public Library (214) 670-1468
Houston: The Fondren Library, Rice
University (713) 527-8101 Ext 2587
Utah Salt Lake City: Marriott Library,
University of Utah (801) 581-8394
Virginia Richmond: James Branch Cabell Library,
Virginia Commonwealth University(804) 828-1104
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library, West
Virginia University (304) 293-4510
Wisconsin Madison: Kurt F. Wendt Library,
University of Wisconsin Madison (608) 262-6845
Milwaukee Public Library (414) 286-3247
Wyoming Casper: Natrona County Public
Library Not Yet operational

SAMPLE WRITTEN APPLICATION BASED ON USE IN COMMERCE
(Two classes)

TRADEMARK/SERVICE MARK
APPLICATION, PRINCIPAL
REGISTER, WITH DECLARATION

MARK (Word(s) and/or Design)
PINSTRIPES AND DESIGN

CLASS NO. 2
(If known)
16 & 35

TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND TRADEMARKS:

APPLICANTS NAME:

APPLICANTS BUSINESS ADDRESS
(Display address exactly as it should appear on registration)

APPLICANTS ENTITY TYPE: (Check one and supply requested
information)
Individual – Citizen of (Country):
Partnership – State where organized (Country, of appropriate):
Names and Citizenship (Country) of General Partners:
Corporation – State (Country, if appropriate) of Incorporation:
Other (Specify Nature of Entity and Domicile):

GOODS AND/OR SERVICES:

Applicant requests registration of the trademark/service mark shown in
the accompanying drawing in the United States Patent and Trademark
Office on the Principal Register established by the Act of July 5, 1946
(15 U.S.C. 1051 et. seq., as amended) for the following goods/services
(SPECIFIC GOODS AND/OR SERVICES MUST BE INSERTED HERE):

BASIS FOR APPLICATION: (Check boxes which apply, but —–

Applicant is using te mark in commerce on or in connection with the
above identified goods/services. (15 U.S.C. 1051(a), as amended.) Three
specimens showing the mark as used in commerce are submitted with this
application.

Date of first use of the mark in commerce which the U.S.

7(a) Congress may regulate (for example, interstate or between the
U.S. and a foreign country):
Specify the type of commerce:
(for example, interstate or between the U.S. and a
specified foreign country)
Date of first use anywhere (the ——-
Specify manner or mode of use of mark on or in connection
with the goods/services:
(for exemple, trademark is applied to labels, service mark is
used in advertisements)

[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services. (15 U.S.C. 1051(b), as amended.)
7(b) Specify intended manner or mode of use of mark on or
in connection with the goods/services:
(for example, trademark will be applied to labels,
service mark will be used in advertisements)
[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services, and asserts a claim of priority based upon a
foreign application in accordance with 15 U.S.C. 1126(d), as
amended.
7(c) Country of foreign filing: Date of foreign filing:
[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services, and accompanying this application, submits a
certification or certified copy of a foreign registration in
accordance with 15 U.S.C. 1126(e), as amended.
7(d) Country of registration: Registration number:

NOTE: Declaration, on Reverse Side, MUST be Signed

SAMPLE WRITTEN APPLICATION BASED ON INTENT TO USE IN COMMERCE
(One class)

TRADEMARK/SERVICE MARK
APPLICATION, PRINCIPAL
REGISTER, WITH DECLARATION

MARK (Word(s) and/or Design)
PINSTRIPES AND DESIGN

CLASS NO. 2
(If known)
16 & 35

TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND
TRADEMARKS:

APPLICANTS NAME:

APPLICANTS BUSINESS ADDRESS
(Display address exactly as it should appear on registration)

APPLICANTS ENTITY TYPE: (Check one and supply requested
information)
Individual – Citizen of (Country):
Partnership – State where organized (Country, of appropriate):
Names and Citizenship (Country) of General Partners:
Corporation – State (Country, if appropriate) of Incorporation:
Other (Specify Nature of Entity and Domicile):

GOODS AND/OR SERVICES:

Applicant requests registration of the trademark/service mark
shown in the accompanying drawing in the United States Patent and
Trademark Office on the Principal Register established by the Act
of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended) for the
following goods/services (SPECIFIC GOODS AND/OR SERVICES MUST BE
INSERTED HERE):

BASIS FOR APPLICATION: (Check boxes which apply, but —–

Applicant is using the mark in commerce on or in connection
with the above identified goods/services. (15 U.S.C. 1051(a), as
amended.) Three specimens showing the mark as used in commerce
are submitted with this application.
Date of first use of the mark in commerce which the U.S.
7(a) Congress may regulate (for example, interstate or between the
U.S. and a foreign country):
Specify the type of commerce:
(for example, interstate or between the U.S. and a
specified foreign country)
Date of first use anywhere (the ——-
Specify manner or mode of use of mark on or in connection
with the goods/services:
(for example, trademark is applied to labels, service mark is
used in advertisements)

[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services. (15 U.S.C. 1051(b), as amended.)
7(b) Specify intended manner or mode of use of mark on or
in connection with the goods/services:
(for example, trademark will be applied to labels,
service mark will be used in advertisements)
[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services, and asserts a claim of priority based upon a
foreign application in accordance with 15 U.S.C. 1126(d), as
amended.
7(c) Country of foreign filing: Date of foreign filing:
[] Applicant has a bona fide intention to use the mark in
commerce on or in connection with the above identified
goods/services, and accompanying this application, submits a
certification or certified copy of a foreign registration in

accordance with 15 U.S.C. 1126(e), as amended.
7(d) Country of registration: Registration number:

NOTE: Declaration, on Reverse Side, MUST be Signed

SAMPLE DRAWING – SPECIAL FORM

8 1/2″ x 11″ (21.6 cm x 27.9 cm)

APPLICANTS NAME:

APPLICANTS ADDRESS:

GOODS AND SERVICES:

FIRST USE:

FIRST USE IN COMMERCE:

DESIGN:

Graphic Omitted

SAMPLE DRAWING – TYPEWRITTEN

8 1/2″ x 11″ (21.6 cm x 27.9 cm)

APPLICANT’S NAME:

APPLICANT’S ADDRESS:

GOODS:

DATE OF FIRST USE:

DATE OF FIRST USE IN COMMERCE:

THEORYTEC

SAMPLE SPECIMEN FOR GOODS (Issue of magazine)
April – May 1992 $2.00

PINSTRIPES
Graphic Omitted “The magazine for the
Business Professional”

IN THIS ISSUE:

Managing business in tough times.

The need for quality in everything redefines priorities.

Managing turned inside out.

Employee ideas can really count.

Our business report on Washington, D.C.

Working together to create new markets and new jobs.

In business to stay.

Investing feature: future outlook on futures.

“Pinstripes forever” (our humor column).

SAMPLE SPECIMEN FOR SERVICES (Advertisement)

Graphic Omitted

If better business management solutions are what you’re after, then
think of Pinstripes for consulting. We’ll come wherever you are to
offer a wide range of consulting services for diverse industries,
including high-tech fields. You’ll like the results, as well as our
competitive price.

The more you get to know us, the more you’ll realize that we’re a best
choice for consulting that can make a big difference. k Call or write
us.

Pinstripes Inc.
(123)456-7890 100 Main St., Anytown, MO 12345

SAMPLE SPECIMEN FOR SERVICES

(Business card showing mark and reference to service)

Graphic Omitted
PINSTRIPES

Business Management Consultants
John Doe, President
100 Main Street
Any town, MO 12345 U.S.A.
(123)456-7890

SAMPLE SPECIMENS FOR GOODS
(Label affixed to computer disc)

THEORYTEC tm
Version 5.0

A-OK Software
Development Group

THEORYTEC tm
Version 5.0

A-OK Software
Development Group

Graphic Omitted

Graphic Omitted PTO Form 1478 (REV 10/94) OMB No. 0651-0009 (Exp.
6/30/95)

Graphic Omitted Side Two of PTO Form 1478 (REV 10/94) OMB No.
0651-0009 (Exp. 6/30/95)

Graphic Omitted PTO Form 1579 (REV 10/94) OMB No. 0651-0009 (Exp.
6/30/95

INSTRUCTIONS AND INFORMATION FOR APPLICANT

In an application based upon a bona fide intention to use a mark in
commerce, applicant must use its mark in commerce before a registration
will be issued. After use begins, the applicant must submit, along with
evidence of use (specimens) and the prescribed fee(s), either:

(1) an Amendment to Allege Use under 37 CFR 2.76, or
(2) a Statement of Use under 37 CFR 2.88.

The difference between these two filings is the timing of the filing.
Applicant may file an Amendment to Allege Use before approval of the
mark for publication for opposition in the Official Gazette, or, if a
final refusal has been issued, prior to the expiration of the six-month
response period. Otherwise, applicant must file a Statement of Use
after the Office issues a Notice of Allowance. The Notice of Allowance
will issue after the opposition period is completed if no successful
opposition is filed. Neither Amendment to Allege Use or Statement of
Use papers will be accepted by the Office during the period of time
between approval of the mark for publication for opposition in the
Official Gazette and the issuance of the Notice of Allowance.

Applicant may call (703) 305-8747 to determine whether the mark has been
approved for publication for opposition in the Official Gazette.

Before filing an Amendment to Allege Use or a Statement of Use,
applicant must use the mark in commerce on or in connection with all of
the goods/services for which applicant will seek registration, unless
applicant submits with the papers, a request to divide out from the
application the goods or services to which the Amendment to Allege Use
or Statement of Use pertains. (See: 37 CFR 2.87, Dividing an
application)

Applicant must submit with an Amendment to Allege Use or a Statement of
Use:

(1) the appropriate fee of $100.00* per class of goods/services listed
in the Amendment to Allege Use or the Statement of Use, and

(2) three (3) specimens or facsimiles of the mark as used in commerce
for each class of goods/services asserted (e.g., photograph of mark
as it appears on goods, label containing mark which is placed on
goods, or brochure or advertisement showing mark as used in
connection with services).

Cautions/Notes concerning completion of this Amendment to Allege Use
form:

(1) The goods/services identified in the amendment to allege use must be
identical to the goods/services identified in the application
currently Applicant may delete goods/services. Deleted
goods/services may not be reinstated in the application at a later
time.

(2) Applicant may list dates of use for only one item in each class of
goods/services identified in the Statement of Use.

However, applicant must have used the mark in commerce on all the
goods/services in the class. Applicant must identify the particular
item to which the dates apply.

(3) Only the following person may sign the verification of the amendment
to Allege Use, depending on the applicant’s legal entity: (a) the
individual applicant; (b) an officer of corporate applicant; (c) one
general partner of partnership applicant; (d) all joint applicants.

MAIL COMPLETED FORM TO:

ASSISTANT COMMISSIONER FOR TRADEMARKS
ATTN: AAU

2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3513

*Fees are effective through 9/30/95 and subject to change, usually on
October 1.

This form is estimated to take 15 minutes to complete including time
required for reading and understanding instructions, gathering necessary
information, record keeping and actually providing the information. j
Any comments on the amount of time you require to complete this form
should be sent to the Office of Management and Organization, U.S. Patent
and Trademark Office, U.S. Department of Commerce, Washington D.C.
20231, and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington D.C. 20503. Do not send forms to
either of these addresses.

Graphic Omitted PTO Form 1580 (REV. 10-94) OMB No. 0651-0009 Exp.
6-30-95

INSTRUCTIONS AND INFORMATION FOR APPLICANT

In an application based upon a bona fide intention to use a mark in
commerce, applicant must use its mark in commerce before a registration
will be issued. After use begins, the applicant must submit, along with
evidence of use (specimens) and the prescribed fee(s), either:

(1) an Amendment to Allege Use under 37 CFR 2.76, or
(2) a Statement of Use under 37 CFR 2.88.

The difference between these two filings is the timing of the filing.
Applicant may file an Amendment to Allege Use before approval of the
mark for publication for opposition in the Official Gazette, or, if a
final refusal has been issued, prior to the expiration of the six-month
response period. Otherwise, applicant must file a Statement of Use
after the Office issues a Notice of Allowance. The Notice of Allowance
will issue after the opposition period is completed if no successful
opposition is filed. Neither Amendment to Allege Use or Statement of
Use papers will be accepted by the Office during the period of time
between approval of the mark for publication for opposition in the
Official Gazette and the issuance of the Notice of Allowance. Applicant
may call (703) 305-8747 to determine whether the mark has been approved
for publication for opposition in the Official Gazette.

Before filing an Amendment to Allege Use or a Statement of Use,
applicant must use the mark in commerce on or in connection with all of
the goods/services for which applicant will seek registration, unless
applicant submits with the papers, a request to divide out from the
application the goods or services to which the Amendment to Allege Use
or Statement of Use pertains. (See: 37 CFR 2.87, Dividing an
application)

Applicant must submit with an Amendment to Allege Use or a Statement of
Use:

(1) the appropriate fee of $100.00* per class of goods/services listed
in the Amendment to Allege Use or the Statement of Use, and
(2) three (3) specimens or facsimiles of the mark as used in commerce
for each class of goods/services asserted (e.g., photograph of mark
as it appears on goods, label containing mark which is placed on
goods, or brochure or advertisement showing mark as used in
connection with services).

Cautions/Notes concerning completion of this Amendment to Allege

Use form:

(1) The statement of Use must be received in the PTO within six months
of the mailing of the Notice of Allowance or within a granted
extension period.

(2) The goods/services identified in the amendment to allege use must be
identical to the goods/services identified in the application
currently Applicant may delete goods/services. Deleted
goods/services may not be reinstated in the application at a later
time.

(3) Applicant may list dates of use for only one item in each class of
goods/services identified in the Statement of Use. However,
applicant must have used the mark in commerce on all the
goods/services in the class. Applicant must identify the particular
item to which the dates apply.

(4) Only the following person may sign the verification of the amendment
to Allege Use, depending on the applicant’s legal entity: (a) the
individual applicant; (b) an officer of corporate applicant; (c) one
general partner of partnership applicant; (d) all joint applicants.

MAIL COMPLETED FORM TO:

ASSISTANT COMMISSIONER FOR TRADEMARKS
ATTN: AAU
2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3513

*Fees are effective through 9/30/95 and subject to change, usually on
October 1.

This form is estimated to take 15 minutes to complete including time
required for reading and understanding instructions, gathering necessary
information, record keeping and actually providing the information. j
Any comments on the amount of time you require to complete this form
should be sent to the Office of Management and Organization, U.S. Patent
and Trademark Office, U.S. Department of Commerce, Washington D.C.
20231, and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington D.C. 20503. Do not send forms to
either of these addresses.

Graphic Omitted PTO Form 1580 (REV. 10-94) OMB No. 0651-0009 Exp.
6-30-95

INSTRUCTIONS AND INFORMATION FOR APPLICANT

Applicant must file a Statement of Use within six months after the
mailing of the Notice of Allowance in an application based upon a bona
fide intention to use a mark in commerce, UNLESS, within that same
period, applicant submits a request for a six-month extension of time to
file the Statement of Use. The written request must:

(1) be received in the PTO within six months after the mailing of the
Notice of Allowance.
(2) include applicant’s verified statement of continued bona fide
intention to use the mark in commerce.
(3) specify the goods/services to which the request pertains as they are
identified in the Notice of Allowance, and
(4) include a fee of $100* for each class of goods/services.

Applicant may request four further six-month extensions of time. No
extensions may extend beyond 36 months from the issue date of the Notice
of Allowance. Each further request must be received in the PTO within
the previously granted six-month extension period and must include, in
addition to the above requirements, a showing of GOOD CAUSE. This good
cause showing must include:

(1) applicant’s statement that the mark has not been used in commerce
yet on all the goods or services specified in the Notice of
Allowance with which applicant has a continued bona fide intention
to use the mark in commerce, and

(2) applicant’s statement of ongoing efforts to make such use, which
may include the following: (a) product or service research or
development, (b) market research, (c) promotional activities, (d)
steps to acquire distributors, (e) steps to obtain required
governmental approval, or (f) similar specified activity.

Applicant may submit one additional six-month extension request during
the existing period in which applicant files the Statement of Use,
unless the granting of this request would extend the period beyond 36
months from the issue date of the Notice of Allowance. as a showing of
good cause for such a request, applicant should state its belief that
applicant has made valid use of the mark in commerce, as evidenced by
the submitted Statement of Use. but that if the Statement is found by
the PTO to be defective, applicant will need additional time in which to
file a new statement of use.

Only the following person may sign the verification of the Request for
Extension of Time, depending on the applicant’s legal entity: (a) the
individual applicant; (b) an officer of corporate applicant; (c) one
general partner of partnership applicant; (d) all joint applicants.

*Fees are effective through 9/30/95 and subject to change, usually on
October 1.

MAILING INSTRUCTIONS

MAIL COMPLETED FORM TO:

ASSISTANT COMMISSIONER FOR TRADEMARKS
BOX ITU / FEE
2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3515

You can ensure timely filing of this form by following the procedure
described in 37 CFR 1.10 as follows: (1) on or before the due date for
filing this form, deposit the completed form with the U.S. Post Office
using the “Express Mail Post Office to Addressee” Service; (2) include a
certificate of “Express Mail” under 37 CFR 1.10. Papers properly mailed
under 37 CFR 1.10 are considered received by the PTO on the date that
they are deposited with the Post Office.

When placing the certificate directly on the correspondence, use the
following language:

Certificate of Express Mail Under 37 CFR 1.10
“Express Mail” mailing number:
Date of Deposit:
I hereby certify that this paper and fee is being deposited with the
United States Postal Service “Express Mail Post Office to Addressee”
service under 37 CFR 1.10 on the date indicated above and is addressed
to the Assistant Commissioner for Trademarks, 2900 Crystal Drive,
Arlington, Virginia 22202-3513

(Typed or printed name of person mailing paper & fee) (Signature of
person mailing paper & fee)

This form is estimated to take 15 minutes to complete including time
required for reading and understanding instructions, gathering necessary
information, record keeping and actually providing the information. j
Any comments on the amount of time you require to complete this form
should be sent to the Office of Management and Organization, U.S. Patent
and Trademark Office, U.S. Department of Commerce, Washington D.C.
20231, and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington D.C. 20503. Do not send forms to
either of these addresses.

International schedule of classes of goods and services

Goods
1 Chemicals used in industry, science and photography, as well as in
agriculture, horticulture and forestry; unprocessed artificial
resins, unprocessed plastics; manures; fire extinguishing
compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; adhesives
used in industry.

2 Paints, varnished, lacquers; preservatives against rust and against
deterioration of wood; colorants; mordants; raw natural resins;
metals in foil and powder form for painters, decorators, printers and
artists.

3 Bleaching preparations and other substances for laundry use; cleaning
polishing, scouring and abrasive preparations; soaps; perfumery,
essential oils, cosmetics, hair lotions; dentifrices.

4 Industrial oils and greases; lubricants; dust absorbing, wetting and
binding compositions; fuels (including motor spirit) and illuminants;
candles, wicks.

5 Pharmaceutical, veterinary and sanitary preparations; dietetic
substances adapted for medical use, food for babies; plasters,
materials for dressings; material for stopping teeth, dental was;
disinfectants; preparations for destroying vermin; fungicides,
herbicides.

6 Common metals and their allows; metal building materials;
transportable buildings of metal; materials of metal for railway
tracks; non-electric cables and wires of common metal; ironmongery,
small items of metal hardware; pipes and tubes of metal; safes; goods
of common metal not included in other classes; ores.

7 Machines and machine tools; motors and engines (except for land
vehicles); machine coupling and transmission components (except for
land vehicles; agricultural implements; incubators for eggs.

8 Hand tools and implements (hand operated); cutlery; side arms;
razors.

9 Scientific, nautical, surveying, electric, photographic,
cinematographic, optical, weighing, measuring, signalling, checking
(supervision), life-saving and teaching apparatus and instruments;
apparatus for recording, transmission or reproduction of sound or
images; magnetic data carriers, recording discs; automatic vending
machines and mechanisms for coin operated apparatus; cash registers,
calculating machines and mechanisms for coin operated apparatus; cash
registers, calculating machines, data processing equipment and
computers; fire-extinguishing apparatus.

10 Surgical, medical, dental and veterinary apparatus and instruments,
artificial limbs, eyes and teeth; orthopedic articles; suture
materials.

11 Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary
purposes.

12 Vehicles; apparatus for locomotion by land, air or water.

13 Firearms; ammunition and projectiles; explosives; fireworks.

14 Precious metals and their alloys and goods in precious metals or
coated therewith, not included in other classes; jewelry, precious
stones; horological and chronometric instruments.

15 Musical instruments

16 Paper, cardboard and goods made from these materials, not included in
other classes; printed matter; bookbinding material; photographs;
stationery; adhesives for stationery or household purposes; artist’s
materials; paint brushes; typewriters and office requisites (except
furniture); instructional and teaching material (except apparatus);
playing cards; printers’s type; printing blocks.

17 Rubber, gutta-percha, gum asbestos, mica and goods made from these
materials and not included in other classes;; plastics in extruded
form for use in manufacture; packing, stopping and insulating
materials; flexible pipes, not of metal.

18 Leather and imitations of leather, and goods made of these materials
and not included in other classes; animal skins, hides; trunks and
travelling bags; umbrellas, parasols and walking sticks; whips,
harness and saddlery.

19 Building material (non-metallic); non-metallic rigid pipe for
building; asphalt, pitch and bitumen; non-metalic transportable
buildings; monuments, not of metal.

20 Furniture, mirrors, picture frames; goods (not included in other
classes) of wood, cork, reed, cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes
for all these materials, or of plastics.

21 Household or kitchen utensils and containers (not of precious metal
or coated therewith); combs and sponges; brushed (except paint
brushes); brush-making materials; articles for cleaning purposes;
steelwool; unworked or semi-worked glass (except glass used in
building); glassware, porcelain and earthenware not included in other
classes.

22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and
bags (not included in other classes); padding and stuffing materials
(except of rubber or plastics); raw fibrous textile materials.

23 Yarns and threads, for textile use.

24 Textiles and textile goods, not included in other classes; bed and
table covers.

25 Clothing, footwear, headgear.

26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins
and needles; artificial flowers.

27 Carpets, rugs, mates and matting, linoleum and other materials for
covering existing floors; wall hangings (non-textile).

28 Games and playthings’ gymnastic and sporting articles not included in
other classes; decorations for Christmas trees.

29 Meat, fish, poultry and game; meat extracts; preserved, dried and
cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk
and milk products; edible oils and fats.

30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;
flour and preparations made from cereals, bread, pastry and
confectionery, honey, treacle; yeast, baking-powder, salt, mustard;
vinegar, sauces (condiments); spices; ice.

31 Agricultural, horticultural and forestry products and grains not
included in other classes; live animals; fresh fruits and vegetables;
seeds, natural plants and flowers; foodstuffs for animals, malt.

32 Beers; mineral and aerated waters and other non-alcoholic drinks;
fruit drinks and fruit juices; syrups and other preparations for
making beverages.

33 Alcoholic beverages (except beers).

34 Tobacco; smokers’ articles; matches

Services

35 Advertising; business management; business administration; office
functions.

36 Insurance; financial affairs; monetary affairs; real estate affairs.

37 Building construction; repair, installation services.

38 Telecommunications.

39 Transport; packaging and storage of goods; travel arrangement.

40 Treatment of materials.

41 Education; providing of training; entertainment; sporting and
cultural activities.

42 Providing of food and drink; temporary accommodation; medical,
hygienic and beauty car; veterinary and agricultural services; legal
services; scientific and industrial research; computer programming;
services that cannot be placed in other classes.

U.S. Department of Commerce
Patent and Trademark Office
Washington, D.C. 20231

If Undelivered Return in Ten Days

Official Business
Penalty for Private Use $300

Graphic Omitted
U.S. Mail

POSTAGE AND FEES PAID
U.S. DEPARTMENT OF COMMERCE
COM-212

Revised, October 1994

For Sale by the U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington,
DC20402-9328
ISBN 0-16-045404-2

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SMBReviews is committed to providing small and mid-sized business owners with the information and resources they need to select the best service or product for their company.

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