How do you show a trademark in use?
Acceptable specimens for goods may include:
- photographs of the product showing the mark directly on the product (e.g., the bottom of a coffee mug)
- product labels and tags showing the mark (e.g., the label on a t-shirt) and affixed to the goods.
- photos showing product packaging with the mark clearly displayed.
What is a declaration of use?
The Section 8 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a trademark registration.
What should be included in a trademark statement of use?
A complete statement of use must include the following: (1) A verified statement alleging: (iii) The date of first use of the mark anywhere on or in connection with the goods, services, and/or to indicate membership in the collective organization specified in the application, and the date of first use of the mark in commerce.
Is it legal to use a trademark symbol?
You may only use the symbol with a federally registered mark and as applied to the goods and/or services listed in the registration. While you are not legally required to use the symbol, failure to use it is not without consequence.
What can you do with a trademark license?
A trademark protects names, terms, or symbols used to identify the products of a certain manufacturer or company. This includes brand names like “Coca-Cola” and images like Nike’s famous “swoosh.” With a trademark license, the owner of the trademark allows the licensee to use that mark in exchange for certain fees and/or royalties.
What makes a trademark distinctive in trademark law?
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1)…
A complete statement of use must include the following: (1) A verified statement alleging: (iii) The date of first use of the mark anywhere on or in connection with the goods, services, and/or to indicate membership in the collective organization specified in the application, and the date of first use of the mark in commerce.
How to identify your brand with a trademark?
Instrumental to using your trademarks in a consistent manner is identifying your brands as trademarks through consistent and proper use of trademark symbols accompanied by a statement attributing ownership of the trademark to your company. There are three symbols that can be used directly with a trademark – ®, TM and SM.
Can You trademark without a statement of use?
Without filing the Statement of Use, your trademark application cannot be finalized and approved. The U.S. Patent and Trademark Office won’t publish trademarks in the official gazette unless they’re actively used. This helps lessen confusion that might exist if multiple trademarks get registered but never used.
What happens if you fail to use a trademark symbol?
It’s important to note that failing to use trademark symbols will not result in the loss of your trademark rights, but the use of trademark symbols and attribution statements is notice for third-parties that you are serious about protecting and enforcing your valuable trademark rights.