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Simply put, a disclaimer is a statement made in your application that indicates you do not claim exclusive right to use a specified element(s) of your mark.
To be considered timely, a Statement of Use must be filed within six months of the issuance date of the Notice of Allowance (NOA), or within a previously granted extension of time to file a Statement of Use. For more information, review the complete timeline for an application based on intent-to-use.
Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark.
A Statement of Use (SOU) is one of the official forms used by the United States Patent and Trademark Office. It can only be filed once a business has started to use a trademark. This means you can't register a trademark just to tie it up; you need to use it in commerce.
Here is what all this means for you and your brand.Trademark Requirement #1 No conflicts with other registered marks.Trademark Requirement #2 Trademark distinctiveness.Trademark Requirement #3 Use in commerce.Trademark Requirement #4 Capability to be a brand identifier.In the end, it comes down to this:
Thus, principally, a Statement of Use is a signed declaration to the USPTO that the goods/services listed in the trademark application have been sold, in a meaningful amount, under the banner of the trademark in at least two States (satisfying the interstate commerce requirement).
How do I submit a disclaimer? You should respond to a disclaimer requirement in a nonfinal Office action by using the Trademark Electronic Application System (TEAS) Response to Office Action form, which includes any required statement and supporting declaration language referenced in the Office action.
The Disclaimer definition. A disclaimer is an important document that should appear on every website. It is able to protect the owner of the website from potential legal action from users accessing the website. It also helps in creating awareness for the website visitors.
Applicant must disclaim the wording ZZZZ because it merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant's goods and/or services, and thus is an unregistrable component of the mark. See 15 U.S.C. ?1052(e)(1), 1056(a); DuoProSS Meditech Corp. v.
What is a Trademark Disclaimer? A disclaimer statement indicates that the applicant does not have the exclusive right to use a specific word of a trademark by itself. For example, if you have any descriptive terms in your trademark, the trademark office may ask you to disclaim those.