Trademark Filings: Intake Form

A "Declaration of Incontestability" may be filed with the Trademark Year 5-6 Renewal.

Please describe the mark, including any language that will allow our firm to pinpoint exactly which mark you are seeking to renew. Include the words included in the mark itself, the registrant/owner’s name, the application serial number, etc.).

Do you still have a bona fide intention to use the mark in commerce on the same goods/services as registered and merely need additional time to do so, or will the mark never be used on some or all of the goods/services listed in the Intent to Use application?

Is the mark now used in commerce on the same goods/services as registered, or is the mark still not in use on some or all of the goods/services listed in the Intent to Use application?

Date the mark was first used in trade/commerce in any state or country.
Indicate your best estimate as to the earliest date the mark was first used by you, your licensee, your business entity, or your business entity’s related company/predecessor-in-interest.

Date the mark was first used in interstate (between states) or international trade/commerce.
Indicate your best estimate as to the earliest date the mark was first on goods sold across state lines or used in advertisements for services offered to those from another state, such as by appearing on the business’ website.

Attach a specimen showing actual use of the mark in the normal course of trade/commerce.
A specimen is a real-world example of the mark being used in the context of selling goods or advertising services. The specimen must demonstrate actual use of the mark claimed in the previous question. The specimen should be attached as an image file, preferably in .jpg or .pdf format.
Acceptable specimens for goods include labels, tags, containers, or sales displays. A specimen for goods should be a photo which shows the mark stamped on, printed on, or otherwise applied to the goods or their packaging.
Acceptable specimens for services include signs, brochures, leaflets, flyers, or advertisements (including websites and online ads). Business cards, stationery, letterhead, and invoices are also appropriate specimens if they show a connection between the mark and the type of services being offered. A specimen for services should be a photo or screen capture showing the mark as used in the sale or advertising for the services, or the entire brochure/flyer/etc. itself.

Is the mark still used in commerce on the same goods/services as registered, or is the mark temporarily or permanently not in use as registered?

Attach a specimen showing actual use of the mark in the normal course of trade/commerce.
A specimen is a real-world example of the mark being used in the context of selling goods or advertising services. The specimen must demonstrate actual use of the mark claimed in the previous question. The specimen should be attached as an image file, preferably in .jpg or .pdf format.
Acceptable specimens for goods include labels, tags, containers, or sales displays. A specimen for goods should be a photo which shows the mark stamped on, printed on, or otherwise applied to the goods or their packaging.
Acceptable specimens for services include signs, brochures, leaflets, flyers, or advertisements (including websites and online ads). Business cards, stationery, letterhead, and invoices are also appropriate specimens if they show a connection between the mark and the type of services being offered. A specimen for services should be a photo or screen capture showing the mark as used in the sale or advertising for the services, or the entire brochure/flyer/etc. itself.

Do you wish to also file a Declaration of Incontestability, which will help deflect legal challenges as to the mark's validity (additional filing fee of $200 per class)?

Is there a proceeding involving your rights to own or register the mark pending and not finally disposed of before the U.S. Patent and Trademark Office or a court of law?

Has there been a final decision adverse to your claim of ownership of the mark, your right to register the mark, or your right to keep the mark on the trademark register?

Is the mark still used in commerce on the same goods/services as registered, or is the mark temporarily or permanently not in use as registered?

Attach a specimen showing actual use of the mark in the normal course of trade/commerce.
A specimen is a real-world example of the mark being used in the context of selling goods or advertising services. The specimen must demonstrate actual use of the mark claimed in the previous question. The specimen should be attached as an image file, preferably in .jpg or .pdf format.
Acceptable specimens for goods include labels, tags, containers, or sales displays. A specimen for goods should be a photo which shows the mark stamped on, printed on, or otherwise applied to the goods or their packaging.
Acceptable specimens for services include signs, brochures, leaflets, flyers, or advertisements (including websites and online ads). Business cards, stationery, letterhead, and invoices are also appropriate specimens if they show a connection between the mark and the type of services being offered. A specimen for services should be a photo or screen capture showing the mark as used in the sale or advertising for the services, or the entire brochure/flyer/etc. itself.

Our attorneys may review the information you submit for the purposes described on this website. The use of this form for communication with our firm does not establish an attorney-client relationship. Our review of the information sent to us will not preclude us from representing any other client if confidential information is sent through this form.