Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: First Use in Commerce & Specimen Question  (Read 662 times)

tacitblue

  • Newbie
  • *
  • Posts: 3
    • View Profile
    • Email
First Use in Commerce & Specimen Question
« on: 06-20-11 at 12:06 am »

I have searched everywhere on the internet, this site, and on the USPTO site, and had a question regarding filling out the TEAS application:

We are started a clothing company and will be making tshirts for now and eventually want to expand into hats, sweatshirts, socks, etc.

1.) The TEAS application asks for date of first use in commerce, if we put a date down, do we have to prove that that was the first date?  If so what needs to be kept in order to show proof, an order invoice or receipt?

2.)  When filling out the goods and services under ID 25 (clothing), should we just put tshirts since that is all we have now?  I see other companies put all kinds of things that they dont even sell yet.  Do we need to prove that we have used all the products we put under the goods and services in commerce?

3.)  If we only put tshirts on the goods and services description, can we add more goods to our registration later, or do we need to refile?  If we can add to it, what is the fee for this?

4.)  If we do decide to put down a lot of goods and services (tshirts, hats, sweatshirts, socks) all under one class, do we need to provide a specimen for each good, or is a picture of one of a good listed in the class enough?

Thanks!

Logged

OMG IP

  • Senior Member
  • ****
  • Posts: 239
    • View Profile
    • DEBOER IP, PC
    • Email
Re: First Use in Commerce & Specimen Question
« Reply #1 on: 06-20-11 at 06:59 am »

Description of goods/services is extremely important, and is often messed up by applicant's to their detriment.

Use of "clothing" seems like a good choice because it would encompass your current use, as well as future expansion into other clothing items.

You cannot add new descriptions once the application is filed; you do have an opportunity to amend the description, but in a limited sense.
Logged
DEBOER IP
The Woodlands, TX
info@deboerip.com
John M. DeBoer

Yak

  • Senior Member
  • ****
  • Posts: 500
    • View Profile
Re: First Use in Commerce & Specimen Question
« Reply #2 on: 06-20-11 at 07:18 am »

An alternative approach, if you plan on expanding the goods/products within a reasonable period of time, would be to file the application for registration under the intent to use basis.  File it under the appropriate class, 25 in this case, and include descriptions of all the types of goods you intend to cover.  Then when it becomes time to file the statement of use verifying actual use of the mark, you can then include a specimen to cover those goods and cancel any product description you are not selling. 
It will cast you $100 more in the long run, but you are basically buying a little extra time to figure out what product lines you will be covering with the mark while reserving an earlier registration date.  You can also request extensions of time, in 6 month chunks, if you need more time to get the goods ready to be sold with the mark - which will be required with the statement of use. 
Logged
Not legal advice... Batteries are not included... Any resemblance to real persons, living or dead is purely coincidental... Eating raw or undercooked meat, poultry, eggs or seafood poses a health risk.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.083 seconds with 17 queries.