TRADEMARKS

IMPORTANT – for US applications, goods/services description should include only those actual goods in use or for which actual intent-to-use exists.

If application is filed based on intent-to-use, dates of use and specimen of use are not required until notice of allowance that sets a 6 month (extendible) response deadline.

Applications based on priority of application/registration in another country can rely on basis of other country registration and bypass requirement showing use if goods/services in US application and other country registration are equivalent. However, a bona fide intent to use must exist.

Applications can rely on dual basis of application/registration in another country and intent-to-use/actual use.

If priority of registration in other country is claimed as registration basis, a simple copy of priority registration (no certification required) may be submitted at some date after initial filing.

For issued US registrations, there is a requirement for submitting declaration of continued use with specimen showing mark in use on these timelines:
– By 6th anniversary of registration date (can be filed beginning on 5th anniversary)
– Every 10th anniversary of registration date (can be filed beginning on 9th anniversary)
– The 6/10 year declarations can be filed up to 6 months late with official fee surcharge