Shelly Morgan reports:
"A trademark is a type of intellectual property that protects names and other marks associated with a particular product or company. If you have applied for a trademark, you may have to file a trademark statement, which is formally called a Statement of Use or an Allegation of Use. The Statement of Use shows the U.S. Patent and Trademark Office [USPTO] how you are actually using the mark. While the statement is easy to complete, it cannot be changed once submitted. Your trademark is subject to cancellation if this statement includes fraudulent or inaccurate information...A trademark can be registered with the USPTO by completing an application and paying a fee. When filing the application, you must identify at least one class of goods for which your trademark will be used. Each class is specified by a number. For example, apparel is 002 and beds are 005. If the USPTO approves your application, you will receive a Notice of Allowance...Back when you filed your trademark application, you either claimed 'intent to use' or 'use in commerce.' If you were not using your trademark yet, you probably claimed an 'intent to use.' Double-check your original trademark application. If you claimed 'intent to use,' you will have to file a Statement of Use...You must complete the Statement of Use using Form 1553, which you can find on the USPTO website. The form is called a Statement of Use when it's filed after the mailing date of the Notice of Allowance...Regardless [of] what you call it, it must be submitted electronically within six months of the mailing date of the Notice of Allowance...Look through your correspondence with the USPTO and find the serial number associated with the application and the class numbers that you originally claimed. Complete all the mandatory fields. These fields include your contact information and the class numbers that describe how you are actually using the trademark. You must also upload a specimen of your mark. If you need an extension of time, you can request it using this form...Trademark applicants often claim they will use the trademark for several classes of products. However, they may not actually use the trademark on all of these classes when filing the Statement of Use...You can preserve your rights to using your trademark on beds by selecting 'Request to Divide' and completing the required fields. If dividing a trademark, you should also ask for an extension of time."
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