Basic Facts About Registering a Trademark [Graphic Omitted] U.S. Department of Commerce/Patent and Trademark Office U.S. DEPARTMENT OF COMMERCE [Graphic Omitted] PATENT & TRADEMARK OFFICE Revised, October 1994 For Sale by the U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC20402-9328 ISBN 0-16-045404-2 BASIC FACTS ABOUT REGISTERING A TRADEMARK What is a Trademark? A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet the terms "trademark" and "mark" are used to refer to both trademarks and service marks whether they are word marks or other types of marks. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A trademark is different from a copyright or a patent. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information call the Library of Congress at (202) 707-3000. Establishing Trademark rights Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a proper application to register a mark in the Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress. (See below, under "Types of Applications," for a discussion of what is meant by the terms commerce and use in commerce.) Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. There are two related but distinct types of rights in a mark: the right to register and the right to use. Generally, the first party who either uses a mark in commerce or files an application in the PTO has the ultimate right to register that mark. The PTO's authority is limited to determining the right to register. The right to use a mark can be more complicated to determine. This is particularly true when two parties have begun use of the same or similar marks without knowledge of one another and neither has a federal registration. Only a court can render a decision about the right to use, such as issuing an injunction or awarding damages for infringement. It should be noted that a federal registration can provide significant advantages to a party involved in a court proceeding. The PTO cannot provide advice concerning rights in a mark. Only a private attorney can provide such advice. Unlike copyrights or patents, trademark rights can last indefinitely if the owner continues to use the mark to identify its goods or services. The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is file, the registration is canceled. Types of Applications for Federal Registration An applicant may apply for federal registration in three principal ways. (1) An applicant who has already commenced using a mark in commerce may file based on that use (a "use" application). (2) An applicant who has not yet used the mark may apply based on a bona fide intention to use the mark in commerce (an "intent-to-use" application). For the purpose of obtaining federal registration, commerce means all commerce which may lawfully be regulated by the U.S. Congress, for example, interstate commerce or commerce between the U.S. and another country. The use in commerce must be a bona fide use in the ordinary course of trade, and not made merely to reserve a right in a mark. Use of a mark in promotion or advertising before the product or service is actually provided under the mark on a normal commercial scale does not qualify as use in commerce. Use of a mark in purely local commerce within a state does not qualify as "use in commerce." If an applicant files based on a bona fide intention to use in commerce, the applicant will have to use the mark in commerce and submit an allegation of use to the PTO before the PTO will register the mark (See page 12). (3) Additionally, under certain international agreements, an applicant from outside the United States may file in the United States based on an application or registration in another country. For information regarding applications based on international agreements please call the information number provided on page 4. A United States registration provides protection only in the United States and its territories. If the owner of mark wishes to protect a mark in other countries, the owner must seek protection in each country separately under the relevant laws. The PTO cannot provide information or advice concerning protection in other countries. Interested parties may inquire directly in the relevant country or its U.S. offices or through an attorney. Who May File an Application? The application must be filed in the name of the owner of the mark; usually an individual, corporation or partnership. The owner of a mark controls the nature and quality of the goods or services identified by the mark. See below in the line-by-line instructions for information about who must sign the application and other papers. The owner may submit and prosecute its own application for registration, or may be represented by an attorney. The PTO cannot help select an attorney. Foreign Applicants Applicants not living in the United States must designate in writing the name and address of a domestic representative - a person residing in the United States "upon whom notices of process may be served for proceedings affecting the mark." The applicant may do so by submitting a statement that the named person at the address indicated is appointed as the applicant's domestic representative under 1(e) of the Trademark Act. The applicant must sign this statement. This person will receive all communications from the PTO unless the applicant is represented by an attorney in the United States. Searches for Conflicting Marks An applicant is not required to conduct a search for conflicting marks prior to applying with the PTO. However, some people find it useful. In evaluating an application, an examining attorney conducts a search and notifies the applicant if a conflicting mark is found. The application fee, which covers processing and search costs, will not be refunded even if a conflict is found and the mark cannot be registered. To determine whether there is a conflict between two marks, the PTO determines whether there would be likelihood of confusion, that is, whether relevant consumers would be likely to associate the goods or services of one party with those of the other party as a result of the use of the marks at issue by both parties. The principal factors to be considered in reaching this decision are the similarity of the marks and the commercial relationship between the goods and services identified by the marks. To find a conflict, the marks need not be identical, and the goods and services do not have to be the same. The PTO does not conduct searches for the public to determine if a conflicting mark is registered, or is the subject of a pending application, except as noted above when acting on an application. However, there are a variety of ways to get this same type of information. First, by performing a search in the PTO public search library. The search library is located on the second floor of the South Tower Building, 2900 Crystal Drive, Arlington, Virginia 22202. Second, by visiting a patent and trademark depository library (at locations listed on pages 14 and 15). These libraries have CD-ROMS containing the trademark database of registered and pending marks. Finally, either a private trademark search company, or an attorney who deals with trademark law, can provide trademark registration information. The PTO cannot provide advice about possible conflicts between marks. Laws & Rules Governing Federal Registration The federal registration of trademarks is governed by the Trademark Act of 1946, as amended, 15 U.S.C. 1051 et seq.; the Trademark Rules, 37 C.F.R. Part 2; and the Trademark Manual of Examining Procedure (2d ed. 1993). Other Types of Applications In addition to trademarks and service marks, the Trademark Act provides for federal registration of other types of marks, such as certification marks, collective trademarks and service marks, and collective membership marks. These types of marks are relatively rare. For forms and information regarding the registration of these marks, please call the appropriate trademark information number indicated below. Where to Send the Application and Correspondence The application and all other correspondence should be addressed the "The Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513." The initial should be directed to "Box NEW APP/FEE." An AMENDMENT TO ALLEGE USE should be directed to "Attn. AAU." A STATEMENT OF USE or REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE should be directed to "Box ITU/FEE." (See page 5 for an explanation of these terms.) The applicant should indicate its telephone number on the application form. Once a serial number is assigned to the application, the applicant should refer to the serial number in all written and telephone communications concerning the application. It is advisable to submit a stamped, self-addressed postcard with the application specifically listing each item in the mailing, that is, the written application, the drawing, the fee, and specimens (if appropriate). THE PTO will stamp the filing date and serial number of the application on the postcard to acknowledge receipt. This will help the applicant if any item is later lost if the applicant wishes to inquire about the application. The PTO will send a separate official notification of the date and serial number for every application about two months after receipt. Use of the "TM," "SM" and "R" Symbols Anyone who claims rights in a mark may use the TM (trademark) or SM (service mark) designation with the mark to alert the public to the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The claim may or may not be valid. The registration symbol, R, may only be used when the mark is registered in the PTO. It is improper to use this symbol at any point before the registration issues. Please omit all symbols from the mark in the drawing you submit with your application; the symbols are not considered part of the mark. Information Numbers General Trademark or Patent Information (703)308-HELP Automated (Recorded) General Trademark or Patent Information (703)557-INFO Automated Line for Status Information on Trademark (703)305-8747 Applications (Additional status information is available at (703)308-9400) Assignment & Certification Branch (Assignments, Changes of (703)308-9723 Name, and Certified Copies of Applications and Registrations) Trademark Assistance Center (703)308-9000 Information Regarding Renewals [Sec. 9], Affidavits of Use [Sec. 8], Incontestability [Sec. 15], or Correcting a Mistake on a Registration (703)308-9500 Information Regarding Applications Based on International (703)308-9000 Agreements or for Certification, Collective, or Collective Membership Marks Trademark Trial and Appeal Board (703)308-9300 Assistant Commissioner for Trademarks (703)308-8900 THE REGISTRATION PROCESS Filing Date - Filing Receipt The PTO is responsible for the federal registration of trademarks. When an application is received, the PTO reviews it to determine if it meets the minimum requirements for receiving a filing date. If the application meets the filing requirements, the PTO assigns it a serial number and sends the applicant a receipt about two months after filing. If the minimum requirements are not met, the entire mailing, including the filing fee, is returned to the applicant. Examination About four months after filing, an examining attorney at the PTO reviews the application and determines whether the mark may be registered. If the examining attorney determines that the mark cannot be register, the examining attorney will issue a letter listing any grounds for refusal and any corrections required in the application. The examining attorney m ay also contact the applicant by telephone if only minor corrections are required. The applicant must respond to any objections within six months of the mailing date of the letter, or the application will be abandoned. If the applicant's response does not overcome all objections, the examining attorney will issue a final refusal. The applicant may then appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the PTO> A common ground for refusal is likelihood of confusion between the applicant's mark and a registered mark. This ground is discussed on pages 2 and 3. Marks which are merely descriptive in relation to the applicant's goods or services, or a feature of the goods or services, may also be refused. Marks consisting of geographic terms or surnames may also be refused. Marks may be refused for other reasons as well. Publication for Opposition If there are no objections, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the PTO. The PTO will send a NOTICE OF PUBLICATION to the applicant indicating the date of publication. In the case of two or more applications for similar marks, the PTO will publish the application with the earliest effective filing date first. Any party who believes it may be damaged by the registration of the mark has 30 days from the date of publication to file an opposition to registration. An opposition is similar to a formal proceeding in the federal courts, but is held before the Trademark Trial and Appeal Board. If no opposition is filed, the application enters the next stage of the registration process. Issuance of Certificate of Registration or Notice of Allowance If the application was based upon the actual use of the mark in commerce prior to approval for publication, the PTO will register the mark and issue a registration certificate about 12 weeks after the date the mark was published, if no opposition was filed. If, instead, the mark was published based upon the applicant's statement of having a bona fide intention to use the mark in commerce, the PTO will issue a NOTICE OF ALLOWANCE about 12 weeks after the date the mark was published, again provided no opposition was filed. The applicant then has six months from the date of the NOTICE OF ALLOWANCE to either (1) use the mark in commerce and submit a STATEMENT OF USE, or (2) request a six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE (see forms and instructions in this booklet). The applicant may request additional extensions of time only as noted in the instructions on the back of the extension form. If the STATEMENT OF USE is filed a approved, the PTO will then issue the registration certificate. FILING REQUIREMENTS WARNING: BEFORE COMPLETING AN APPLICATION, READ THE INSTRUCTIONS CAREFULLY AND STUDY THE EXAMPLES PROVIDED. ERRORS OR OMISSIONS MAY RESULT IN THE DENIAL OF A FILING DATE AND THE RETURN OF APPLICATION PAPERS, OR THE DENIAL OF REGISTRATION AND FORFEITURE OF THE FILING FEE. To receive a filing date, the applicant must provide all of the following: 1. A Written application form; 2. A drawing of the mark on a separate piece of paper; 3. The required filing fee (see page 11 for fee information); and 4. If the application is filed based upon prior use of the mark in commerce, three specimens for each class of goods or services. The specimens must show actual use of the mark with the goods or services. The specimens may be identical or they may be examples of three different uses showing the same mark. 1. WRITTEN APPLICATION FORM [PTO FORM 1478] The application must be in English. A separate application must be filed for each mark the applicant wishes to register. Likewise, if the applicant wishes to register more than one version of the same mark, a separate application must be filed for each version. PTO Form 1478 included in the back of this booklet may be used for either a trademark or service mark application. It may be photocopied for your convenience. See the examples of completed applications on pages 16 and 17 with references to the following line-by-line instructions. LINE-BY-LINE INSTRUCTIONS FOR FILLING OUT PTO FORM 1478, ENTITLED "TRADEMARK/SERVICE MARK APPLICATION, PRINCIPAL REGISTER, WITH DECLARATION" Space 1 -- The Mark It is not necessary to fill in this box. The PTO will determine the proper International Classification based upon the identification of the goods and services in the application. However, if the applicant knows the International Class number(s) for the goods and services, the applicant may place the number(s) in this box. The International Classes are listed inside of the back cover of this booklet. If the PTO determines that the goods and services listed are in more than one class, the PTO will notify the applicant during examination of the application, and the applicant will have the opportunity to pay the fees for any additional classes or to limit the goods and services to one or more classes. Space 3 -- The Owner of the Mark The name of the owner of the mark must be entered in this box. The application must be filed in the name of the owner of the mark or the application will be void, and the applicant will forfeit the filing fee. The owner of the mark is the party who controls the nature and quality of the goods sold, or services rendered, under the mark. The owner may be an individual, a partnership, a corporation, or an association or similar firm. If the applicant is a corporation, the applicant's name is the name under which it is incorporated. If the applicant is a partnership, the applicant's name is the name under which it is organized. Space 4 -- The Owner's Address Enter the applicant's business address. If the applicant is an individual, enter either the applicant's business or home address. Space 5 -- Entity Type and Citizenship/Domicile The applicant must check the box which indicates the type of entity applying. In addition, in the blank following the box, the applicant must specify the following information: Space 5(a) -- for an individual, the applicant's national citizenship; Space 5(b) -- for a partnership, the names and national citizenship of the general partners and the state where the partnership is organized (if a U.S. partnership) or country (if a foreign partnership); Space 5(c) -- for a corporation, the state of incorporation (if a U.S. corporation), or country (if a foreign corporation); or Space 5(d) -- for another type of entity, specify the nature of the entity and the state where it is organized (if in the U.S.) or county where it is organized (if a foreign entity). Space 6 -- Identification of the Goods and/or Services In this blank the applicant must state the specific goods and services for which registration is sought and with which the applicant has actually used the mark in commerce, or in the case of an "intent-to-use" application, has a bona fide intention to use the mark in commerce. Use clear and concise terms specifying the actual goods and services by their common commercial names. A mark can only be registered for specific goods and services. The goods and services listed will establish the scope of the applicant's rights in the relevant mark. The goods and services listed must be the applicant's actual "goods in trade" or the actual services the applicant renders for the benefit of others. Use language that would be readily understandable to the general public. For example, if the applicant uses or intends to use the mark to identify "candy," "word processors," "baseballs and baseball bats," "travel magazines," "dry cleaning services" or "restaurant services" the identification should clearly and concisely list each such item. If the applicant uses indefinite terms, such as "accessories," "components," "devices," "equipment," "food," "materials," "parts," "systems," "products," or the like, then those words must be followed by the word "namely" and the goods or services listed by their common commercial name(s). Note that the terms used in the classification listing on the inside of the back cover of this booklet are generally too broad. Do not use these terms by themselves. The applicant must be very careful when identifying the goods and services. Because the filing of an application established certain presumptions of rights as of the filing date, the application may not be amended later to add any products or services not within the scope of the identification. For example, the identification of "clothing" could be amended to "shirts and jackets," which narrows the scope, but could not be amended to "retail clothing store services," which would change the scope. Similarly, "physical therapy services" could not be changed to "medical services" because this would broaden the scope of the identification. Also, if the identification includes a trade channel limitation, deleting that limitation would broaden the scope of the identification. The identification of goods and services must not describe the mode of use of the mark, such as on labels, stationery, menus, signs, containers or in advertising. There is another place on the application, called the "method-of-use clause," for this kind of information. (See information under Space 7a, fourth blank, described on the next page.) For example, in the identification of goods and services, the term "advertising" usually is intended to identify a service rendered by advertising agencies. Moreover, "labels," "menus," "signs" and "containers" are specific goods. If the applicant identifies these goods or services by mistake, the applicant may not amend the identification to the actual goods or services of the applicant. Thus, if the identification indicates "menus," it could not be amended to "restaurant services." Similarly, if the goods are identified s "containers or labels for jam," the identification could not be amended to "jam." NOTE: If nothing appears in this blank, or if the identification does not identify any recognizable goods or services, the application will be denied a filing date and returned to the applicant. For example, if the applicant specifies the mark itself or wording such as "company name," "corporate name," or "company logo," and nothing else, the application will be denied a filing date and returned to the applicant. If the applicant identifies the goods and services too broadly as, for example, "advertising and business," "miscellaneous," "miscellaneous goods and services," or just "products," or "services," the application will also be denied a filing date and returned to the applicant. Space 7 -- Basis for Filing The applicant must check at least one of the four boxes to specify a basis for filing the application. The applicant should also fill in all blanks which follow the checked box(es). Usually an application based upon either (1) use of the mark in commerce (the first box), or (2) a bona fide intention to use the mark in commerce (the second box). You may not check both the first and second box. If both the first and second boxes are checked, the PTO will not accept the application and will return it. If an applicant wished to apply to register a mark, for certain goods and services for which it is already using the mark in commerce, and also for other goods and services based on future use, separate applications must be filed to separate the relevant goods and services from each other. Space 7(a) If the applicant is using the mark in commerce in relation to all of the goods and services listed in the application, check this first box and fill in the blanks. In the first blank specify the date the trademark was first used to identify the goods and services in a type of commerce which may be regulated by Congress. In the second blank specify the type of commerce, specifically a type of commerce which may be regulated by Congress, in which the goods were sold or shipped, or the services were rendered. (See page 2 for a discussion of the meaning of "use in commerce.") For example, indicate "interstate commerce" (commerce between two or more states) or commerce between the United Stats and a specific foreign country, for example, "commerce between the U.S. and Canada." In the third blank specify the date that the mark was first used anywhere to identify the goods or services specified in the application. This date will be the same as the date of the first use in commerce unless the applicant made some use, for example, within a single state, before the first use in commerce. In the fourth blank specify how the mark is placed on the goods or used with the services. This if referred to as the "method-of-use clause," and should not be confused with the identification of the goods and services described under Space 6. For example, in relation to goods, state "the mark is used on labels affixed to the goods," or "the mark is used on containers for the goods," whichever is accurate. In relation to services, state "the mark is used in advertisements for the services." Space 7(b) If the applicant has a bona fide intention to use the mark in commerce in relation to the goods or services specified in the application, check this second box and fill in the blank. The applicant should check this box if the mark has not been used at all or if the mark has been used on the specified goods or services only within a single state. In the blank, state how the mark is intended to be placed on the goods or used with the services. For example, for goods, state "the mark will be used on labels affixed to the goods," or "the mark will be used on containers for the goods," whichever is accurate. For services, state "the mark will be used in advertisements for the services." Spaces 7(c) and (d) These spaces are usually used only by applicants from foreign countries who are filing in the United States under international agreements. These applications are less common. For further information about treaty-based applications, call the trademark information number listed in this booklet on page 4, or contact a private attorney. Space 8 -- Verification and Signature The applicant must verify the truth and accuracy of the information in the application and must sign the application. The declaration in Space 8, on the back of the form, is for this purpose. If the application is not signed, the application will not be granted a filing date and will be returned to the applicant. If the application is not signed by an appropriate person, the application will be found void and the filing fee will be forfeited. Therefore, it is important that the proper person sign the application. Who should sign? If the applicant is an individual, that individual must sign. If the applicant is a partnership, a general partner must sign. If the applicant is a corporation, association or similar organization, an officer of the corporation, association or organization must sign. An officer is a person who holds an office established in the articles of incorporation or the bylaws. Officers may not delegate this authority to non officers. If the applicants are joint applicants, all joint applicants must sign. The person who signs the application must indicate the date signed, provide a telephone number to be used if it is necessary to contact the applicant, and clearly print or type their name and position. 2. THE DRAWING PAGE Every application must include a single drawing page. If there is no drawing page, the application will be denied a filing date and returned to the applicant. The PTO uses the drawing to file the mark in the PTO search records and to print the mark in the Official Gazette and on the registration. The drawing must be on pure white, durable, non-shiny paper that is 8 1/2 (21.59 cm) inches wide by 11 (27.94cm) inches long. There must be at least a one-inch (2.54cm) margin on the sides, top and bottom of the page, and at least one inch between the heading and the display of the mark. At the top of the drawing there must be a heading, listing on separate lines, the applicant's complete name, address, the goods and services specified in the application, and in applications based on use in commerce, the date of first use of the mark and the date of first use of the mark in commerce. This heading should be typewritten. If the drawing is in special form, the heading should include a description of the essential elements of the mark. The drawing of the mark should appear at the center of the page. The drawing of the mark may be typewritten, as shown on page 19, or it may be in special form, as shown on page 18. If the mark included words, numbers or letters, the applicant can usually elect to submit either a typewritten or a special-form drawing. To register a mark consisting of only words, letters or numbers, without indication any particular style or design, provide a typewritten drawing. In a typewritten drawing the mark must be typed entirely in CAPITAL LETTERS, even if the mark, as used, included lower-case letters. Use a standard typewriter or type of the same size and style as that on a standard typewriter. To indicate color, use the color linings shown below. The appropriate lining should appear in the area where the relevant color would appear. If the drawings is lined for color, insert a statement in the written application to indicate so, for example, "The mark is lined for the colors red and green." A plain black- and-white drawing is acceptable even if the mark is used in color. Most drawings do not indicate specific colors. RED OR BROWN BLUE GRAY OR PINK SILVER Graphic Omitted Graphic Omitted Graphic Omitted graphic omitted VIOLET OR GREEN ORANGE YELLOW OR PURPLE GOLD Graphic Omitted Graphic Omitted Graphic Omitted graphic omitted Be careful in preparing the drawing. While it may be possible to make some minor changes, the rules prohibit any material change to the drawing of the mark after filing. To register a word mark in the form in which it is actually used or intended to be used in commerce, or any mark including a design, submit a special-form drawing. In a special-form drawing, the mark must not be larger than 4 inches by 4 inches (10.16 cm by 10.16 cm). If the drawing of the mark is larger than 4 inches by 4 inches, the application will be denied a filing date and returned to the applicant. In addition, the drawing must appear only in black and white, with every line and letter black and clear. No color or gray is allowed. Do not combine typed matter and special form in the same drawing. The drawing in special form must be a substantially exact representation of the mark as it appears on the specimens. The applicant may apply to register any portion of a mark consisting of more than one element, provided the mark displayed in the drawing creates a separate impression apart from other elements it appears with on the specimens. For example, generally it is possible to register a word mark by itself even though the specimen shows the work mark used in combination with a design or as part of a logo. Do not include non trademark matter in the drawing, such as informational matter which may appear on a label. In the end, the applicant must decide exactly what to register and in what form. The PTO considers the drawing controlling in determining exactly what mark the application covers. 3. FEES Filing Fee The application filing fee is $245.00 for each class of goods or services listed. See the International Classification of Goods and Services listed n the inside of the back cover.) At least $245.00 must accompany the application, or the application will be denied a filing date and all the papers returned to the applicant. Fee increases, when necessary, usually take effect on October 1 of any given year. Please call the general information number listed on page 4 for up-to-date fee information if filing after September 1995. The PTO receives no taxpayer funds. The PTO's operations are supported entirely from fees paid by applicants and registrants. Additional Fees Related to Intent-To-Use Applications In addition to the application filing fee, applicants filing based on a bona fide intention to use a mark in commerce must submit a fee of $100.00 for each class of goods or services in the application when filing any of the following: an AMENDMENT TO ALLEGE USE a STATEMENT OF USE a REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE Form of Payment All payments must be made in United States currency, by check, post office money order or certified check. Personal or business checks may be submitted. Make checks and money orders payable to: The Assistant Commissioner for Trademarks. NOTE: FEES ARE NOT REFUNDABLE. 4. SPECIMENS The following information is designed to provide guidance regarding the specimens required to show use of the mark in commerce. When to File the Specimens If the applicant has already used the mark in commerce an files based on this use in commerce, then the applicant must submit three specimens per class showing use of the mark in commerce with the application. If, instead, the application is based on a bona fide intention to use mark in commerce, the applicant must submit three specimens per class at the time the applicant files either an AMENDMENT TO ALLEGE USE or a STATEMENT OF USE. What to File as a Specimen The specimens must be actual samples of how the mark is being used in commerce. The specimens may be identical or they may be examples of three different uses showing the same mark. If the mark is used on goods, examples of acceptable specimens are tags or labels which are attached to the goods, containers for the goods, displays associated with the goods, or photographs of the goods showing use of the mark on the goods themselves. If it is impractical to send an actual specimen because of its size, photographs or other acceptable reproductions that show the mark on the goods, or packaging for the goods, must be furnished. Invoices, announcement, order forms, bills of lading, leaflets, brochures, catalogs, publicity releases, letterhead, and business cards generally are not acceptable specimens for goods. If the mark is used for services, examples of acceptable specimens are signs, brochures about the services, advertisements for he services, business cards or stationery showing the mark in connection with the services, or photographs which show the mark either as it is used in the rendering or advertising of the services. In the case of a service mark, the specimens must either show the mark and include some clear reference to the type of services rendered under the mark in some form of advertising, or show the mark as it is used in the rendering of the service, for example on a store front or the side of a delivery or service truck. Specimens may not be larger than 8 1/2 inches by 11 inches (21.59 cm by 27.94 cm) and must be flat. See pages 18 through 22 for samples of some different types of specimens. Smaller specimens, such as labels, may be stapled to a sheet of paper and labeled "SPECIMENS." A separate sheet can be used for each class. ADDITIONAL REQUIREMENTS FOR INTENT-TO-USE APPLICATIONS An applicant who files its application based on having a bona fide intention to use a mark in commerce must make use of the mark in commerce before the mark can register. After use in commerce begins, the applicant must submit: 1. three specimens evidencing use as discussed above; 2. a fee of $100.00 per class of goods or services in the application; and 3. either (1) an AMENDMENT TO ALLEGE USE if the application has not yet been approved for publication (use PTO form 1579) or (2) a STATEMENT OF USE if the mark has been published and the PTO has issued a NOTICE OF ALLOWANCE (use PTO Form 1580). If the applicant will not make use of the mark in commerce within six months of the NOTICE OF ALLOWANCE, the applicant must file a REQUEST FOR AN EXTENSION OF TIME TO FILE A STATEMENT OF USE, or the application is abandoned. (Use PTO Form 1581, which in intended only for this purpose.) See the instructions and information on the back of the forms. The previous information about specimens, identifications of goods and services and dates of use is also relevant to filing an AMENDMENT TO ALLEGE USE or STATEMENT OF USE. Follow the instructions on these forms carefully. Failure to file the necessary papers in proper form within the time provided may result in abandonment of the application. PATENT AND TRADEMARK OFFICE SERVICES Trademark Assistance Center In order to provide improved service to trademark applicants, registrants, and the general public, the Patent and Trademark Office has implemented a pilot program called the "Trademark Assistance Center." The Center provides general information about the trademark registration process and responds to inquiries pertaining to the status of specific trademark applications and registrations. The location of the Center is 2900 Crystal Drive, Room 4B10, Arlington, Virginia 22202-3513. Assistance may be obtained in-person or by dialing (703)308-9000, Monday through Friday, 8:30 a.m. - 5:00 p.m. eastern time, except holidays. Please note that personal assistance concerning trademark as well as patent matters will continue to be available at (703)308-HELP and recorded information will continue to be available at (703)557-INFO. Also, automated information about the status of trademark applications and registrations will continue to be available at (703)305-8747. Patent and Trademark Depository Libraries The following libraries, designated as Patent and Trademark Depository Libraries (PTDLs) receive patent and trademark information in various formats from the U.S. Patent and Trademark Office. Many PTDLs have on file all full-text patents issued since 1790, trademarks published since 1872, and select collections of foreign patents. All PTDLs have both the patent and trademark sections of the Official Gazette of the U.S. Patent and Trademark Office. The full-text utility and design patents are distributed numerically on 16 mm microfilm, and plant patents on color microfiche. Patent and trademark search systems on CD- ROM format are available at all PTDLs to increase utilization of and enhance access to the information found in patents and trademarks. It is through the CD-ROM systems that preliminary patent and trademark searches can be conducted through the numerically arranged collections. All information is available for use by the public free of charge. Facilities for making paper copies of patent and trademark information are generally provide for a fee. State Name of Library Telephone Contact Alabama Auburn University Libraries (205) 844-1747 Birmingham Public Library (205) 226-3620 Alaska Anchorage: Z.J. Loussac Public Library (907) 562-7323 Arizona Tempe: Noble Library, Arizona State University (602) 965-7010 Arkansas Little Rock: Arkansas State Library (501) 682-2053 California Los Angeles Public Library (213) 228-7220 Sacramento: California State Library (916) 654-0069 San Diego Public Library (619) 236-5813 San Francisco Public Library Not Yet Operational Sunny vale Patent Clearinghouse (408) 730-7290 Colorado Denver Public Library (303) 640-8847 Connecticut New Haven: Science Park Library (203) 786-5447 Delaware Newark: University of Delaware Library (302) 831-2965 Dist. of Columbia Washington: Howard University Libraries (202) 806-7252 Florida Fort Lauderdale: Broward County Main Library (305) 357-7444 Miami-Dade Public Library (305) 375-2665 Orlando: University of Central Florida Libraries (407) 823-2562 Tampa: Tampa Campus Library, University of South Florida (813) 974-2726 Georgia Atlanta: Price Gilbert Memorial Library, Georgia Institute of Technology (404) 894-4508 Hawaii Honolulu: Hawaii State Public Library System (808) 586-3477 Idaho Moscow: University of Idaho Library (208) 885-6235 Illinois Chicago Public Library (312) 747-4450 Springfield: Illinois State Library (217) 782-5659 Indiana Indianapolis-Marion County Public Library (317) 269-1741 West Lafayette: Purdue University Libraries (317) 494-2873 Iowa Des Moines: State Library of Iowa(515) 281-4118 Kansas Wichita: Ablah Library, Wichita State University (316) 689- 3155 Kentucky Louisville Free Public Library (502) 574-1611 Louisiana Baton Rouge: Troy H. Middleton Library, Louisiana State University (504) 388-2570 Maine Orono: Raymond H. Fogler Library, University of Maine Not Yet Operational Maryland College Park: Engineering and Physical Sciences Library, University of Maryland (301) 405-9157 Massachusetts Amherst: Physical Sciences Library, University of Massachusetts (413) 545-1370 Boston Public Library (617) 536-5400 Ext. 265 Michigan Ann Arbor: Engineering Transportation Library, University of Michigan (313) 764-5298 Big Rapids: Abigail S. Timme Library, Ferris State University (616) 592-3602 Detroit Public Library (313) 833-1450 Minnesota Minneapolis Public Library and Information Center (612) 372-6570 Mississippi Jackson: Mississippi Library Commission (601) 359-1036 Missouri Kansas City: Linda Hall Library (816) 363-4600 St. Louis Public Library(314) 241-2288 Ext. 390 Montana Butte: Montana College of Mineral Science and Technology Library (406) 496-4281 Nebraska Lincoln: Engineering Library, University of Nebraska-Lincoln (402) 472-3411 Nevada Reno: University of Nevada-Reno Library (702) 784-6579 New Hampshire Durham: University of New Hampshire Library (603) 862-1777 New Jersey Newark Public Library (201) 733-7782 Piscataway: Library of Science and Medicine, Rutgers University (908) 445-2895 New Mexico Albuquerque: University of New Mexico General Library (505) 277-4412 New York Albany: New York State Library (518) 474-5355 Buffalo and Erie County Public Library (716) 858-7101 New York Public Library (The Research Libraries) (212) 930-0917 North Carolina Raleigh: D.H. Hill Library, North Carolina State University (919) 515-3280 North Dakota Grand Forks: Chester Fritz Library, University of North Dakota (701) 777-4888 Ohio Cincinnati and Hamilton County, Public Library of (513) 369-6936 Cleveland Public Library (216) 623-2870 Columbus: Ohio State University Libraries (614) 292-6175 Toledo/Lucas County Public Library(419) 259-5212 Oklahoma Stillwater: Oklahoma State University Library (405) 744-7086 Oregon Salem: Oregon State Library (5030 378-4239 Pennsylvania Philadelphia, The Free Library of (215) 686-5331 Pittsburgh, Carnegie Library of (412) 622-3138 University Park: Pattee Library, Pennsylvania State University (814) 865-4861 Rhode Island Providence Public Library (401) 455-8027 South Carolina Charleston: Medical University of South Carolina Library (803) 792-2372 Clemson University Libraries (803) 656-3024 South Dakota Rapid City: Devereaux Library, South Dakota School of Mines and Technology Not Yet Operational Tennessee Memphis & Shelby County Public Library and Information Center (901) 725-8877 Nashville: Stevenson Science Library, Vanderbilt University (615) 322-2775 Texas Austin: McKinney Engineering Library, University of Texas at Austin (512) 495-4500 College Station: Sterling C. Evans Library, Texas A & M University (409) 845-3826 Dallas Public Library (214) 670-1468 Houston: The Fondren Library, Rice University (713) 527-8101 Ext 2587 Utah Salt Lake City: Marriott Library, University of Utah (801) 581-8394 Virginia Richmond: James Branch Cabell Library, Virginia Commonwealth University(804) 828-1104 Washington Seattle: Engineering Library, University of Washington (206) 543-0740 West Virginia Morgantown: Evansdale Library, West Virginia University (304) 293-4510 Wisconsin Madison: Kurt F. Wendt Library, University of Wisconsin Madison (608) 262-6845 Milwaukee Public Library (414) 286-3247 Wyoming Casper: Natrona County Public Library Not Yet operational SAMPLE WRITTEN APPLICATION BASED ON USE IN COMMERCE (Two classes) TRADEMARK/SERVICE MARK APPLICATION, PRINCIPAL REGISTER, WITH DECLARATION MARK (Word(s) and/or Design) PINSTRIPES AND DESIGN CLASS NO. 2 (If known) 16 & 35 TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND TRADEMARKS: APPLICANTS NAME: APPLICANTS BUSINESS ADDRESS (Display address exactly as it should appear on registration) APPLICANTS ENTITY TYPE: (Check one and supply requested information) Individual - Citizen of (Country): Partnership - State where organized (Country, of appropriate): Names and Citizenship (Country) of General Partners: Corporation - State (Country, if appropriate) of Incorporation: Other (Specify Nature of Entity and Domicile): GOODS AND/OR SERVICES: Applicant requests registration of the trademark/service mark shown in the accompanying drawing in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended) for the following goods/services (SPECIFIC GOODS AND/OR SERVICES MUST BE INSERTED HERE): BASIS FOR APPLICATION: (Check boxes which apply, but ----- Applicant is using te mark in commerce on or in connection with the above identified goods/services. (15 U.S.C. 1051(a), as amended.) Three specimens showing the mark as used in commerce are submitted with this application. Date of first use of the mark in commerce which the U.S. 7(a) Congress may regulate (for example, interstate or between the U.S. and a foreign country): Specify the type of commerce: (for example, interstate or between the U.S. and a specified foreign country) Date of first use anywhere (the ------- Specify manner or mode of use of mark on or in connection with the goods/services: (for exemple, trademark is applied to labels, service mark is used in advertisements) [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services. (15 U.S.C. 1051(b), as amended.) 7(b) Specify intended manner or mode of use of mark on or in connection with the goods/services: (for example, trademark will be applied to labels, service mark will be used in advertisements) [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services, and asserts a claim of priority based upon a foreign application in accordance with 15 U.S.C. 1126(d), as amended. 7(c) Country of foreign filing: Date of foreign filing: [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services, and accompanying this application, submits a certification or certified copy of a foreign registration in accordance with 15 U.S.C. 1126(e), as amended. 7(d) Country of registration: Registration number: NOTE: Declaration, on Reverse Side, MUST be Signed SAMPLE WRITTEN APPLICATION BASED ON INTENT TO USE IN COMMERCE (One class) TRADEMARK/SERVICE MARK APPLICATION, PRINCIPAL REGISTER, WITH DECLARATION MARK (Word(s) and/or Design) PINSTRIPES AND DESIGN CLASS NO. 2 (If known) 16 & 35 TO THE ASSISTANT SECRETARY AND COMMISSIONER OF PATENTS AND TRADEMARKS: APPLICANTS NAME: APPLICANTS BUSINESS ADDRESS (Display address exactly as it should appear on registration) APPLICANTS ENTITY TYPE: (Check one and supply requested information) Individual - Citizen of (Country): Partnership - State where organized (Country, of appropriate): Names and Citizenship (Country) of General Partners: Corporation - State (Country, if appropriate) of Incorporation: Other (Specify Nature of Entity and Domicile): GOODS AND/OR SERVICES: Applicant requests registration of the trademark/service mark shown in the accompanying drawing in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. 1051 et. seq., as amended) for the following goods/services (SPECIFIC GOODS AND/OR SERVICES MUST BE INSERTED HERE): BASIS FOR APPLICATION: (Check boxes which apply, but ----- Applicant is using the mark in commerce on or in connection with the above identified goods/services. (15 U.S.C. 1051(a), as amended.) Three specimens showing the mark as used in commerce are submitted with this application. Date of first use of the mark in commerce which the U.S. 7(a) Congress may regulate (for example, interstate or between the U.S. and a foreign country): Specify the type of commerce: (for example, interstate or between the U.S. and a specified foreign country) Date of first use anywhere (the ------- Specify manner or mode of use of mark on or in connection with the goods/services: (for example, trademark is applied to labels, service mark is used in advertisements) [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services. (15 U.S.C. 1051(b), as amended.) 7(b) Specify intended manner or mode of use of mark on or in connection with the goods/services: (for example, trademark will be applied to labels, service mark will be used in advertisements) [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services, and asserts a claim of priority based upon a foreign application in accordance with 15 U.S.C. 1126(d), as amended. 7(c) Country of foreign filing: Date of foreign filing: [] Applicant has a bona fide intention to use the mark in commerce on or in connection with the above identified goods/services, and accompanying this application, submits a certification or certified copy of a foreign registration in accordance with 15 U.S.C. 1126(e), as amended. 7(d) Country of registration: Registration number: NOTE: Declaration, on Reverse Side, MUST be Signed SAMPLE DRAWING - SPECIAL FORM 8 1/2" x 11" (21.6 cm x 27.9 cm) APPLICANTS NAME: APPLICANTS ADDRESS: GOODS AND SERVICES: FIRST USE: FIRST USE IN COMMERCE: DESIGN: Graphic Omitted SAMPLE DRAWING - TYPEWRITTEN 8 1/2" x 11" (21.6 cm x 27.9 cm) APPLICANT'S NAME: APPLICANT'S ADDRESS: GOODS: DATE OF FIRST USE: DATE OF FIRST USE IN COMMERCE: THEORYTEC SAMPLE SPECIMEN FOR GOODS (Issue of magazine) April - May 1992 $2.00 PINSTRIPES Graphic Omitted "The magazine for the Business Professional" IN THIS ISSUE: Managing business in tough times. The need for quality in everything redefines priorities. Managing turned inside out. Employee ideas can really count. Our business report on Washington, D.C. Working together to create new markets and new jobs. In business to stay. Investing feature: future outlook on futures. "Pinstripes forever" (our humor column). SAMPLE SPECIMEN FOR SERVICES (Advertisement) Graphic Omitted If better business management solutions are what you're after, then think of Pinstripes for consulting. We'll come wherever you are to offer a wide range of consulting services for diverse industries, including high-tech fields. You'll like the results, as well as our competitive price. The more you get to know us, the more you'll realize that we're a best choice for consulting that can make a big difference. k Call or write us. Pinstripes Inc. (123)456-7890 100 Main St., Anytown, MO 12345 SAMPLE SPECIMEN FOR SERVICES (Business card showing mark and reference to service) Graphic Omitted PINSTRIPES Business Management Consultants John Doe, President 100 Main Street Any town, MO 12345 U.S.A. (123)456-7890 SAMPLE SPECIMENS FOR GOODS (Label affixed to computer disc) THEORYTEC tm Version 5.0 A-OK Software Development Group THEORYTEC tm Version 5.0 A-OK Software Development Group Graphic Omitted Graphic Omitted PTO Form 1478 (REV 10/94) OMB No. 0651-0009 (Exp. 6/30/95) Graphic Omitted Side Two of PTO Form 1478 (REV 10/94) OMB No. 0651-0009 (Exp. 6/30/95) Graphic Omitted PTO Form 1579 (REV 10/94) OMB No. 0651-0009 (Exp. 6/30/95 INSTRUCTIONS AND INFORMATION FOR APPLICANT In an application based upon a bona fide intention to use a mark in commerce, applicant must use its mark in commerce before a registration will be issued. After use begins, the applicant must submit, along with evidence of use (specimens) and the prescribed fee(s), either: (1) an Amendment to Allege Use under 37 CFR 2.76, or (2) a Statement of Use under 37 CFR 2.88. The difference between these two filings is the timing of the filing. Applicant may file an Amendment to Allege Use before approval of the mark for publication for opposition in the Official Gazette, or, if a final refusal has been issued, prior to the expiration of the six-month response period. Otherwise, applicant must file a Statement of Use after the Office issues a Notice of Allowance. The Notice of Allowance will issue after the opposition period is completed if no successful opposition is filed. Neither Amendment to Allege Use or Statement of Use papers will be accepted by the Office during the period of time between approval of the mark for publication for opposition in the Official Gazette and the issuance of the Notice of Allowance. Applicant may call (703) 305-8747 to determine whether the mark has been approved for publication for opposition in the Official Gazette. Before filing an Amendment to Allege Use or a Statement of Use, applicant must use the mark in commerce on or in connection with all of the goods/services for which applicant will seek registration, unless applicant submits with the papers, a request to divide out from the application the goods or services to which the Amendment to Allege Use or Statement of Use pertains. (See: 37 CFR 2.87, Dividing an application) Applicant must submit with an Amendment to Allege Use or a Statement of Use: (1) the appropriate fee of $100.00* per class of goods/services listed in the Amendment to Allege Use or the Statement of Use, and (2) three (3) specimens or facsimiles of the mark as used in commerce for each class of goods/services asserted (e.g., photograph of mark as it appears on goods, label containing mark which is placed on goods, or brochure or advertisement showing mark as used in connection with services). Cautions/Notes concerning completion of this Amendment to Allege Use form: (1) The goods/services identified in the amendment to allege use must be identical to the goods/services identified in the application currently Applicant may delete goods/services. Deleted goods/services may not be reinstated in the application at a later time. (2) Applicant may list dates of use for only one item in each class of goods/services identified in the Statement of Use. However, applicant must have used the mark in commerce on all the goods/services in the class. Applicant must identify the particular item to which the dates apply. (3) Only the following person may sign the verification of the amendment to Allege Use, depending on the applicant's legal entity: (a) the individual applicant; (b) an officer of corporate applicant; (c) one general partner of partnership applicant; (d) all joint applicants. MAIL COMPLETED FORM TO: ASSISTANT COMMISSIONER FOR TRADEMARKS ATTN: AAU 2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3513 *Fees are effective through 9/30/95 and subject to change, usually on October 1. This form is estimated to take 15 minutes to complete including time required for reading and understanding instructions, gathering necessary information, record keeping and actually providing the information. j Any comments on the amount of time you require to complete this form should be sent to the Office of Management and Organization, U.S. Patent and Trademark Office, U.S. Department of Commerce, Washington D.C. 20231, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington D.C. 20503. Do not send forms to either of these addresses. Graphic Omitted PTO Form 1580 (REV. 10-94) OMB No. 0651-0009 Exp. 6-30-95 INSTRUCTIONS AND INFORMATION FOR APPLICANT In an application based upon a bona fide intention to use a mark in commerce, applicant must use its mark in commerce before a registration will be issued. After use begins, the applicant must submit, along with evidence of use (specimens) and the prescribed fee(s), either: (1) an Amendment to Allege Use under 37 CFR 2.76, or (2) a Statement of Use under 37 CFR 2.88. The difference between these two filings is the timing of the filing. Applicant may file an Amendment to Allege Use before approval of the mark for publication for opposition in the Official Gazette, or, if a final refusal has been issued, prior to the expiration of the six-month response period. Otherwise, applicant must file a Statement of Use after the Office issues a Notice of Allowance. The Notice of Allowance will issue after the opposition period is completed if no successful opposition is filed. Neither Amendment to Allege Use or Statement of Use papers will be accepted by the Office during the period of time between approval of the mark for publication for opposition in the Official Gazette and the issuance of the Notice of Allowance. Applicant may call (703) 305-8747 to determine whether the mark has been approved for publication for opposition in the Official Gazette. Before filing an Amendment to Allege Use or a Statement of Use, applicant must use the mark in commerce on or in connection with all of the goods/services for which applicant will seek registration, unless applicant submits with the papers, a request to divide out from the application the goods or services to which the Amendment to Allege Use or Statement of Use pertains. (See: 37 CFR 2.87, Dividing an application) Applicant must submit with an Amendment to Allege Use or a Statement of Use: (1) the appropriate fee of $100.00* per class of goods/services listed in the Amendment to Allege Use or the Statement of Use, and (2) three (3) specimens or facsimiles of the mark as used in commerce for each class of goods/services asserted (e.g., photograph of mark as it appears on goods, label containing mark which is placed on goods, or brochure or advertisement showing mark as used in connection with services). Cautions/Notes concerning completion of this Amendment to Allege Use form: (1) The statement of Use must be received in the PTO within six months of the mailing of the Notice of Allowance or within a granted extension period. (2) The goods/services identified in the amendment to allege use must be identical to the goods/services identified in the application currently Applicant may delete goods/services. Deleted goods/services may not be reinstated in the application at a later time. (3) Applicant may list dates of use for only one item in each class of goods/services identified in the Statement of Use. However, applicant must have used the mark in commerce on all the goods/services in the class. Applicant must identify the particular item to which the dates apply. (4) Only the following person may sign the verification of the amendment to Allege Use, depending on the applicant's legal entity: (a) the individual applicant; (b) an officer of corporate applicant; (c) one general partner of partnership applicant; (d) all joint applicants. MAIL COMPLETED FORM TO: ASSISTANT COMMISSIONER FOR TRADEMARKS ATTN: AAU 2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3513 *Fees are effective through 9/30/95 and subject to change, usually on October 1. This form is estimated to take 15 minutes to complete including time required for reading and understanding instructions, gathering necessary information, record keeping and actually providing the information. j Any comments on the amount of time you require to complete this form should be sent to the Office of Management and Organization, U.S. Patent and Trademark Office, U.S. Department of Commerce, Washington D.C. 20231, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington D.C. 20503. Do not send forms to either of these addresses. Graphic Omitted PTO Form 1580 (REV. 10-94) OMB No. 0651-0009 Exp. 6-30-95 INSTRUCTIONS AND INFORMATION FOR APPLICANT Applicant must file a Statement of Use within six months after the mailing of the Notice of Allowance in an application based upon a bona fide intention to use a mark in commerce, UNLESS, within that same period, applicant submits a request for a six-month extension of time to file the Statement of Use. The written request must: (1) be received in the PTO within six months after the mailing of the Notice of Allowance. (2) include applicant's verified statement of continued bona fide intention to use the mark in commerce. (3) specify the goods/services to which the request pertains as they are identified in the Notice of Allowance, and (4) include a fee of $100* for each class of goods/services. Applicant may request four further six-month extensions of time. No extensions may extend beyond 36 months from the issue date of the Notice of Allowance. Each further request must be received in the PTO within the previously granted six-month extension period and must include, in addition to the above requirements, a showing of GOOD CAUSE. This good cause showing must include: (1) applicant's statement that the mark has not been used in commerce yet on all the goods or services specified in the Notice of Allowance with which applicant has a continued bona fide intention to use the mark in commerce, and (2) applicant's statement of ongoing efforts to make such use, which may include the following: (a) product or service research or development, (b) market research, (c) promotional activities, (d) steps to acquire distributors, (e) steps to obtain required governmental approval, or (f) similar specified activity. Applicant may submit one additional six-month extension request during the existing period in which applicant files the Statement of Use, unless the granting of this request would extend the period beyond 36 months from the issue date of the Notice of Allowance. as a showing of good cause for such a request, applicant should state its belief that applicant has made valid use of the mark in commerce, as evidenced by the submitted Statement of Use. but that if the Statement is found by the PTO to be defective, applicant will need additional time in which to file a new statement of use. Only the following person may sign the verification of the Request for Extension of Time, depending on the applicant's legal entity: (a) the individual applicant; (b) an officer of corporate applicant; (c) one general partner of partnership applicant; (d) all joint applicants. *Fees are effective through 9/30/95 and subject to change, usually on October 1. MAILING INSTRUCTIONS MAIL COMPLETED FORM TO: ASSISTANT COMMISSIONER FOR TRADEMARKS BOX ITU / FEE 2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3515 You can ensure timely filing of this form by following the procedure described in 37 CFR 1.10 as follows: (1) on or before the due date for filing this form, deposit the completed form with the U.S. Post Office using the "Express Mail Post Office to Addressee" Service; (2) include a certificate of "Express Mail" under 37 CFR 1.10. Papers properly mailed under 37 CFR 1.10 are considered received by the PTO on the date that they are deposited with the Post Office. When placing the certificate directly on the correspondence, use the following language: Certificate of Express Mail Under 37 CFR 1.10 "Express Mail" mailing number: Date of Deposit: I hereby certify that this paper and fee is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under 37 CFR 1.10 on the date indicated above and is addressed to the Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia 22202-3513 (Typed or printed name of person mailing paper & fee) (Signature of person mailing paper & fee) This form is estimated to take 15 minutes to complete including time required for reading and understanding instructions, gathering necessary information, record keeping and actually providing the information. j Any comments on the amount of time you require to complete this form should be sent to the Office of Management and Organization, U.S. Patent and Trademark Office, U.S. Department of Commerce, Washington D.C. 20231, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington D.C. 20503. Do not send forms to either of these addresses. International schedule of classes of goods and services Goods 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. 2 Paints, varnished, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. 3 Bleaching preparations and other substances for laundry use; cleaning polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental was; disinfectants; preparations for destroying vermin; fungicides, herbicides. 6 Common metals and their allows; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles; agricultural implements; incubators for eggs. 8 Hand tools and implements (hand operated); cutlery; side arms; razors. 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes. 12 Vehicles; apparatus for locomotion by land, air or water. 13 Firearms; ammunition and projectiles; explosives; fireworks. 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. 15 Musical instruments 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artist's materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); playing cards; printers's type; printing blocks. 17 Rubber, gutta-percha, gum asbestos, mica and goods made from these materials and not included in other classes;; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. 19 Building material (non-metallic); non-metallic rigid pipe for building; asphalt, pitch and bitumen; non-metalic transportable buildings; monuments, not of metal. 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics. 21 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushed (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. 23 Yarns and threads, for textile use. 24 Textiles and textile goods, not included in other classes; bed and table covers. 25 Clothing, footwear, headgear. 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. 27 Carpets, rugs, mates and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). 28 Games and playthings' gymnastic and sporting articles not included in other classes; decorations for Christmas trees. 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, honey, treacle; yeast, baking-powder, salt, mustard; vinegar, sauces (condiments); spices; ice. 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt. 32 Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. 33 Alcoholic beverages (except beers). 34 Tobacco; smokers' articles; matches Services 35 Advertising; business management; business administration; office functions. 36 Insurance; financial affairs; monetary affairs; real estate affairs. 37 Building construction; repair, installation services. 38 Telecommunications. 39 Transport; packaging and storage of goods; travel arrangement. 40 Treatment of materials. 41 Education; providing of training; entertainment; sporting and cultural activities. 42 Providing of food and drink; temporary accommodation; medical, hygienic and beauty car; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes. U.S. Department of Commerce Patent and Trademark Office Washington, D.C. 20231 If Undelivered Return in Ten Days Official Business Penalty for Private Use $300 Graphic Omitted U.S. Mail POSTAGE AND FEES PAID U.S. DEPARTMENT OF COMMERCE COM-212