Haven’t had time to keep up with changes to the trademark registration laws? Here’s the latest update:
#1 No proof of usage necessary to file
Applications need only contain the applicant’s name, a name and address for correspondence, a clear drawing of the mark, a list of the goods and/or services on which the mark is used, and the filing fee for at least one class of goods or services.
#2 No need to specify the type of commerce
By definition, “commerce” includes all commerce which may lawfully be regulated by Congress. You don’t have to define the type of business in which you are using the mark.
#3 OK to file based on intended usage
New rules allow applicants to claim use and intent-to-use as bases for filing in the same application, provided the application meets requirements for both. The Trademark Office allows an applicant to add or substitute a registration basis before the application is published and still retain the original filing date if there is a valid basis for the registration.
#4 Only one sample needed
Just one specimen must be filed for use-based applications or for “Amendments to Allege Use” and “Statements of Use”. Previously, you had to submit three samples.
#5 Authorized signatures easier
The definition of an authorized person now includes anyone authorized to sign on behalf of the applicant, including a person with legal authority, a person with firsthand knowledge of the facts and implied authority to act on behalf of the applicant, or an attorney with written or verbal power of attorney from the applicant.
#6 Easier to bring application back to life
Submit a written statement that the delay was “unintentional” signed by someone with firsthand knowledge of the facts resulting in the delay. No need to explain what caused the delay.
#7 Remember when renewing: 5/6 – 9/10 and 10
A registered trademark owner must file an affidavit or declaration between the mark’s 5th and 6th anniversaries of registration, and between the 9th and 10th anniversaries of the registration, as well as every 10 years thereafter when applying for a renewal.
For more information on trademarks and applications, visit www.uspto.gov