Re: Once an ITU application has been given a notice of allowance

Subject: Re: Re: Once an ITU application has been given a notice of allowance

Comments:
: Section 1(d) of the Trademark Act, 15 U.S.C. §1051(d), requires that a statement of use be filed for an application under §1(b) of the Act, 15 U.S.C. §1051(b), within six months after a notice of allowance is issued under §13(b)(2), 15 U.S.C. §1063(b)(2), or within an extension of time granted by the Commissioner. : A complete statement of use must include: (1) a verified statement that the applicant is believed to be the owner of the mark sought to be registered and that the mark is in use in commerce, specifying the date of the applicant's first use of the mark and first use of the mark in commerce, the type of commerce, those goods or services specified in the notice of allowance on or in connection with which the mark is in use in commerce and the mode or manner in which the mark is used on or in connection with such goods or services; (2) three specimens or facsimiles of the mark as used in commerce; and (3) the prescribed fee. 37 C.F.R. §2.88(b). : A mark shall be deemed to be in use in commerce on goods when "it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale...." If your goods are too large to submit as specimens, a photo will usually be accepted. : Call me for a free consultation! : Sincerely, : Patrick William Fletcher, Esq. : Fletcher & Associates - Intellectual Property Attorneys : 427 E. 17th Street, Suite 325 : Costa Mesa, CA 92627 : (949) 723-0111 : (949) 723-0182 Fax : www.internetdisputes.org : www.copyrightsolutions.org : www.trademarksolutions.org : www.icannhelp.org : www.wipohelp.org

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