Trademark law allows for filing an application for federal registration of a mark based on a good faith intent to use the mark in commerce. After examination by the USPTO, a Notice of Allowance is issued. The applicant then has an initial 6 month period in which to file a Statement of Use attesting to the use of the mark in commerce. The period of time for use may be extended in 6 month increments not to exceed 3 years. Upon approval of the Statement of Use by the USPTO examiner, the federal registration is completed. This provision is helpful to a business seeking to secure rights in a mark before making an investment in product development, packaging and promotion. Though, I have had a client use the provision where the examiner objected to the adequacy of the specimen for a services mark. Building a brand often requires a significant investment in a portfolio of trademarks and federal registration of these marks goes a long way to protecting this investment.
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