Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

NOTICE THAT STATEMENT OF USE (SOU)

IS INCOMPLETE

Response Required

The USPTO must receive applicant’s response to this notice within 30 days of the issue date below or the SOU will be denied, and the application may be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears below.

Issue date:  August 17, 2021

NO SPECIMEN SUBMITTED:  The required specimen showing use of the proposed mark in commerce for the goods and/or services and/or collective membership organization identified in the notice of allowance was not submitted with the statement of use.  A specimen showing use of the mark in commerce is one of the minimum filing requirements for a statement of use.  15 U.S.C. §1051(d); 37 C.F.R. §2.88(c)(2); TMEP §§1109.06, 1109.09(b). 

Only if there is time remaining in the statutory period for filing the statement of use can an applicant submit a specimen for the statement of use.  The specimen must be accompanied by a statement that “the specimen was in use in commerce before expiration of the deadline for filing the statement of use,” and this statement must be properly verified by an affidavit or declaration under 37 C.F.R. §2.20, and personally signed by applicant or a person authorized to sign on behalf of applicant.

Examples of specimens for goods are tags, labels, instruction manuals, containers, photographs that show the mark on the goods or packaging, or displays associated with the goods at their point of sale.  TMEP §904.  Examples of specimens for services are signs, photographs, brochures, website printouts or advertisements that show the mark used in the sale or advertising of the services.  See TMEP §§1301.04 et seq.  Examples of specimens for collective membership organization are membership cards or certificates, decals, wall plaques, garment patches, flags, pennants, banners, business stationery, clothing, and any other item used by a member to indicate membership in applicant’s organization.  See TMEP §1304.02(a)(i)(C).

SAMPLE DECLARATION TO ACCOMPANY A SPECIMEN(S):  The following statement and declaration under 37 C.F.R. §2.20 can be used to satisfy the requirement for a verified specimen, personally signed and dated by applicant or a person authorized to sign on behalf of applicant under 37 C.F.R. §2.193(e)(1):

The specimen was in use in commerce before expiration of the deadline for filing the statement of use.  The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.

______________________________

Signature

______________________________

Print/Type Name and Position

______________________________

Date

How to respond.  Click to file a Response to Intent-to-Use (ITU)/Divisional Unit Office action. 

Direct questions about this notice to the Intent-to-use staff member below.

/Sykes, Jeffery/

Paralegal Specialist

ITU/ Divisional Unit

(571) 272-4313 Office

jeffery.sykes@uspto.gov

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the SOU to be denied, and the application may be abandoned.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

• Responses signed by an unauthorized party are not accepted or processed and can cause the SOU to be denied, and the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.