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   Author  Topic: Q on followup after notice of allowance  (Read 2680 times)
abc123
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Q on followup after notice of allowance
« on: Jan 1st, 2008, 6:57pm »
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Can someone tell what form and how much fee do I need
to submit to USPTO? I just recieved a notice of allowance.
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biopico
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Re: Q on followup after notice of allowance
« Reply #1 on: Jan 1st, 2008, 10:08pm »
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Notice of allowance shows how much you have to pay to PTO absent any plan to file RCE with/out amendment or IDS.
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Lyza
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Re: Q on followup after notice of allowance
« Reply #2 on: Jan 2nd, 2008, 8:21am »
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Biopico,
 
I think you are confusing this forum with the patent forum.
 
ABC, you need to respond to the Notice of Allowance by filing a Statement of Use ("SOU").  Filing fees for an SOU are determined by the number of classes you have listed in your application and are currently figured at $100 per class.  Therefore, if your application is for registration of your mark in 2 classes, your SOU filing fee will be $200.  If you file electronically, the fees will be figured for you and stated at the end of the application.
 
If you have not yet begun using the mark to offer your goods or services, you can also file an Extension Request to File an SOU.  Extension filing fees are figured at $150 per class.  You are allowed to file up to 5 extensions, one every six months, until you must file the SOU.  Therefore, you can stall the SOU process up to 36 months without losing your filing date, but the Extension fees must be paid each time you file.
 
If you are at all confused, you might consider talking to an attorney as you don't want to incorrectly file and risk losing your rights and early filing date.  I hope this helps.
 
Lyza
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Lyza L. Sandgren, President/CEO
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bcapehart
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Re: Q on followup after notice of allowance
« Reply #3 on: Jan 2nd, 2008, 2:56pm »
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ABC - As an add-on to what Lyza stated, when you file the SOU, be sure that the goods listed in the SOU are an accurate reflection of what goods the mark is actually being used upon.  If not, the registration could be subject to cancellation on the grounds of fraud.
 
Example:  ITU-based application is for mark X on goods A, B and C.  You start using X on A and B, but not C.  When you file the SOU, you should narrow the listing of the goods to reflect A and B.  If you include C, the PTO could determine the registration was obtained fraudulently on grounds that you declared under oath (via SOU) that you were using mark X on C.
 
I hope this helps.
 
Brent
 
« Last Edit: Jan 2nd, 2008, 2:57pm by bcapehart » IP Logged

Brent A. Capehart
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abc123
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Re: Q on followup after notice of allowance
« Reply #4 on: Jan 2nd, 2008, 9:00pm »
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Thanks to all for your excellent inputs.
 
The category is s/w; I havent yet started selling the  
s/w. So, in this case should 'file an extension and wait  
until 'make a sale or just show my company's logo?
 
Any inputs much appreciated!
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