- Allegation Of Use
- Amendment To Allege Use (AAU)
- Application (Trademark)
- Arbitrary Marks
A trademark is deemed to be “abandoned” when either of the following occurs: (1) when its use has been discontinued with intent not to resume such use; or (2) when any course of conduct of the owner, including acts of omission as well as commission, causes a mark to become the generic name for the goods or services on or in connection with which it is used, or otherwise to lose its significance as a mark. Non-use for three consecutive years is deemed prima facie evidence of abandonment. Use means ordinary use in the course of commerce and not use merely to reserve a right in the mark. Conduct by a trademark owner which causes a mark to lose its significance includes: not policing the mark; assigning a trademark without goodwill; uncontrolled licensing; failure to object to use by others; production of various types and quality of products; and substantial and repeated changes in the mark. When a mark is abandoned, it enters the public domain and becomes available to the first user.
Allegation Of Use:
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. The allegation of use must include one specimen showing use of the mark in commerce for each class of goods/services included in the application, and the required fee. If filed before the examining attorney approves the mark for publication, the allegation of use is also called an “Amendment to Allege Use”. If filed after issuance of the Notice of Allowance, the allegation of use is also called a Statement of Use. The Amendment to Allege Use and the Statement of Use include the same information, and differ only as to the time when filed. The applicant may not file either an Amendment to Allege Use or a Statement of Use between the date the examining attorney approves the mark for publication and the date of issuance of the notice of allowance.
Amendment To Allege Use (AAU):
A sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant attesting to use of the mark in commerce. With the AAU, the owner must submit one specimen showing use of the mark in commerce for each class of goods/services included in the application, and the required fee. AAUs must be filed before the date the examining attorney approves the mark for publication in the Official Gazette. You should check the status of the application before filing the AAU to make sure that is timely. An AAU filed after the mark is approved for publication but before a notice of allowance has been issued (during the “blackout period”) is untimely and cannot be accepted.
An applicant who wants to contest a final refusal from an examining attorney may file an appeal to the Trademark Trial and Appeal Board. An appeal is taken by filing a Notice of Appeal and paying the appeal fee within six months of the mailing date of the action from which the appeal is taken. 15 U.S.C. Section 1070; 37 C.F.R. Section 2.142(a).
A person who files an application for a federal trademark. The term embraces the legal representatives, predecessors, successors and assigns of such applicant.
A document by which a person requests a federal trademark registration. To receive a filing date, an application must include (1) the applicant’s name, (2) a name and address for correspondence, (3) a clear drawing of the mark sought to be registered, (4) a list of the goods or services, and (5) the application filing fee.
Comprise words that are in common linguistic use but, when used to identify particular goods or services, do not suggest or describe a significant ingredient, quality or characteristic of the goods or services (e.g., APPLE for computers; OLD CROW for whiskey).
A transfer of ownership of a patent application or patent from one entity to another. Record assignments with the USPTO Assignment Services Division to maintain clear title to pending patent applications and patents.