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Notice
regarding Section 508 of the Workforce Investment Act of 1998:
Section 508 of the Workforce Investment Act of 1998 requires that all
U.S. Federal Agencies make their web sites fully accessible to
individuals with disabilities. See 29 U.S.C. §794d. While the
Trademark Electronic Application System (TEAS) forms do comply with
Section 508, the PDF preview of the TEAS forms currently do not meet
all standards for web accessibility. If you cannot access a TEAS form
preview or have any questions about this notice, please contact the
Trademark Assistance Center (TAC) at 1-800-786-9199 (select
option#1), Monday-Friday, 8:30 a.m. to 8 p.m., ET.
PTO-1583
Approved
for use through xx/xx/20xx. OMB 0651-0055
U.S. Patent and
Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the
Paperwork Reduction Act of 1995, no persons are required to
respond to a collection of information unless it contains a
valid OMB control number
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Combined
Declaration of Use and Incontestability Under Sections 8 and
15
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(15
U.S.C. §§ 1058 & 1065)
TEAS - Version
7.6
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You
may file a Combined Declaration of Use &
Incontestability under Sections 8 & 15 only if you have
continuously used a mark registered on the Principal
(not Supplemental)
Register in commerce for five (5) consecutive years after
the date of registration. You must file the Combined
Declaration, specimen, and fee on a date that falls on or
between the fifth (5th) and sixth (6th) anniversaries of the
registration (or, for an extra fee of $100.00 per class, you
may file within the six-month grace period following the
sixth anniversary date). If you have NOT continuously used
the mark in commerce for five (5) consecutive years, you
must still file
a Section 8 Declaration. You must subsequently file a
Section 8 declaration, specimen, and fee on a date that
falls on or between the ninth (9th) and tenth (10th)
anniversaries of the registration, and each successive
ten-year period thereafter (or, for an extra fee of $100.00
per class, you may file within the six-month grace period).
FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN
CANCELLATION OF THE REGISTRATION. Note:
Because the time for filing a ten-year Section 8 declaration
coincides with the time for filing a Section 9 renewal
application, a combined
Sections 8 & 9 form exists.
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NOTE: You
must complete any field preceded by the symbol "*".
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TIMEOUT
WARNING: You're
required to log back in after 30 minutes of inactivity.
This ensures the USPTO complies with mandatory
federal information security standards and
protects user information. After 25 minutes of inactivity,
you will be prompted to continue your session. If you do not
continue within 5 minutes, the session will end, you will be
logged out of your USPTO.gov account, and you will lose any
unsaved data in the form. Please have all of your
information ready before you start.
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* Enter
a Registration Number:
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(required
only if completing the form for the first time)
WARNING:
Be sure you are entering a registration number and NOT a serial
number.
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OR
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Instructions:
To
file this form, please complete the following steps:
Fill
out all fields for which information is known. Fields with
a * symbol
are mandatory for filing purposes and must be completed.
Validate
the form, using the "Validate" button at the end
of the form. If there are errors, go back to step 1.
Use
the Pay/Submit button at the bottom of the Validation
Screen. This will allow you to choose from 3
different payment
methods: credit card,
automated deposit account, or electronic funds transfer.
After accessing the proper screen for payment, and making
the appropriate entries, you will receive a confirmation
screen if your transmission is successful. Or, use the
"Save Form" button to save your work for
submission at a later time.
An
email acknowledging receipt of the submission (a filing
receipt) will be sent to the Primary Email Address for
Correspondence.
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Registration
Number
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Mark
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Owner/Holder
Information
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Email
Address:
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Attorney
Information
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Email
Address:
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Primary
Email Address
for Correspondence
Warning: This
is the email address currently of record in the USPTO
database. If it is not the email address of either the
appointed attorney, if any, otherwise the owner, it must be
updated.
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Secondary
Email Address(es)
(Courtesy Copies)
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Registration
Date
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Updates
to the owner's/holder's and appointed attorney's address(es) can
be made within this form. If no attorney is appointed, the
owner's/holder's email address is the Primary Email Address for
Correspondence.
The
Attorney Information page will automatically
display within this
form for editing or removing the attorney information
appearing above.
Power
of Attorney: The USPTO
considers the power of attorney to end: (1) upon the date of
registration; or (2) the final acceptance or denial of a
required post-registration filing. Filing this form will
automatically update the Attorney of Record and the Primary
Email Address for Correspondence in the USPTO's Trademark
Status & Document Retrieval (TSDR) database.
It is not necessary to file a separate appointment
form.
Foreign-domiciled
owners/holders must
have a U.S.-licensed attorney represent
them before the USPTO in any application-or
registration-related filing. Information
about hiring a U.S.-licensed attorney can
be found on the USPTO website.
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Owner
Information
Instructions:
Update
the mailing address, if
needed. The address entered on this page is publicly viewable
in the USPTO's TSDR database
and is presumed to be the owner's/holder's domicile.
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* Owner
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Check
this box only if the owner listed above does not identify the
current trademark owner. The trademark owner is the legally
recognized entity or individual that owns the trademark.
If
there has been a change in ownership or legal name of the
owner, you must enter the new owner in this form. Instructions
will be provided when you check the box. For more information,
see our webpage
on modifying owner information in online forms.
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DBA (doing
business as)
AKA
(also known as)
TA
(trading as)
Formerly
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Legal
Entity Type: Corporation
Citizenship/State, Country,
Region, or Jurisdiction Where Organized: Indiana
Check
this box only if no information is listed in the field/s or if
the information listed is not correct for the current owner of
the trademark.
Instructions will be provided when
you check the box.
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Internal
Address
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* Mailing
Address
(Entered
address is publicly viewable in the USPTO's
TSDR database.
This address must be capable of receiving mail and may be your
street address, a P.O. box, or a "care of" address.)
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NOTE: You
must limit your entry here, and for all remaining fields within
this overall section, to no more than 40 characters (the
storage limit for the USPTO database). You may need to
abbreviate some words, e.g., St. instead of Street. Failure to
do so may result in an undeliverable address, due to truncation
at the 40 character limit.
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* City
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NOTE: You
must limit your entry here to no more than 22 characters.
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* State
(Required
for U.S. owners only)
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NOTE: You
must include as part of the "City" entry any
information related to geographical regions (e.g., provinces)
not found in the dropdown lists for "States" or
"Countries." Enter the city and then the geographical
region, separated by a comma (e.g., Toronto, Ontario). In most
instances, you will then also have to select the country within
which the region is found, below.
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* Country/Region/Jurisdiction/U.S.
Territory
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* Zip/Postal
Code
(Required
for U.S. and certain international addresses)
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Domicile
Address
(Entered
address is not publicly viewable in the USPTO's TSDR database
unless it is the same as the mailing address. If your mailing
address is not your domicile, you must enter the number,
street, city, state, country or U.S. territory, and if
applicable, zip/postal code of your domicile address.
In most cases, a P.O. box, "care of" address, or
similar variation is not acceptable as a domicile address.)
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Uncheck
this box if the Domicile Address and mailing address of the
applicant owner/holder are NOT the same.
Indicate
place you reside and intend to be your principal home (for
individual) or your principal place of business (for entity).
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Phone
Number
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Fax
Number
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* Email
Address
Confirm
that the email address is correct before continuing. The owner
email address is not publicly viewable in the
USPTO's TSDR database.
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The
owner/holder is required to provide an email address and keep
that address current with the USPTO. If the owner/holder is
represented by a U.S.-licensed attorney, only the attorney's
email address will be used for correspondence by the
USPTO.
NOTE:
The owner/holder or the owner's/holder's attorney acknowledges
that he or she is solely responsible for receiving USPTO
emails. Additionally, the owner/holder or the owner's/holder's
attorney is responsible for periodically checking the status of
the application/registration using the Trademark
Status & Document Retrieval (TSDR) system.
USPTO notices and office actions issued in this
application/registration can be viewed online using TSDR.
The USPTO is not responsible for any failure to receive a
USPTO-issued email due to the receiver's security or anti-spam
software, or any problems with the receiver's email system
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Goods/Services/Collective
Membership Organization Information
WARNING: Registration
Subject to Cancellation for Fraudulent Statements
You
must ensure that statements made in filings to the USPTO are
accurate, as inaccuracies may result in the cancellation of a
trademark registration. The
lack of use on all goods/services, or to indicate
membership in the collective organization for which you claim use
in a post-registration filing with the USPTO could jeopardize the
validity of the registration and result in its cancellation.
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Enter
information for the Class
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* International
Class:
Current listing
of goods/services/nature of the collective membership
organization:
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The
mark is in use in commerce on or in connection with all of
the goods/all of
the services/to indicate membership in the collective
membership organization listed in the existing registration for
this specific class; and the
mark has been continuously used in commerce for five (5)
consecutive years after the date of registration, or the date
of publication under Section 12(c), and is still in use in
commerce on or in connection with all goods/all services/the
collective membership organization listed in the existing
registration for this class. WARNING:
Any class or item designated below will be permanently deleted
from the registration and may NOT be later reinserted.
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The
filing does not cover
this specific class. This entire class is to be
permanently deleted from
the registration. WARNING: This class will be permanently
deleted from the registration and may NOT be reinserted.
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Deleted
Goods/Services: The mark is in
use in commerce on or in connection with all of
the goods/services listed in the existing registration for this
specific class; and the mark has been continuously used in
commerce for five (5) consecutive years after the date of
registration, or the date of publication under Section 12(c),
and is still in use in commerce on or in connection with all
goods or services listed in the existing registration for this
class.
The above statements are all true, EXCEPT for
the goods/services listed below. In the following space, list
only those goods/services appearing in the registration that
this filing does NOT cover
and that should be permanently deleted (removed
from the registration). WARNING: Any item listed below will be
permanently deleted from the registration and at that point may
NOT be reinserted.
LEAVE
THIS SPACE BLANK IF THIS FILING COVERS ALL GOODS/SERVICES,
OR INDICATES MEMBERSHIP IN THE COLLECTIVE ORGANIZATION IN THE
EXISTING REGISTRATION FOR THIS SPECIFIC CLASS. LIST ONLY THE
GOODS/SERVICES TO BE DELETED (REMOVED).
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Remaining
Goods/Services: The mark
is in use in commerce on or in connection with the following
goods or services listed in the existing registration for this
specific class:
ENTER
HOW THE COMPLETE "FINAL"
LISTING SHOULD READ THAT WILL IDENTIFY THE GOODS/SERVICES WITH
WHICH THE MARK IS IN USE IN COMMERCE FOR THIS SPECIFIC
REGISTRATION (i.e.,
ENTER THE LISTING WITH THOSE GOODS/SERVICES IDENTIFIED IN THE
PRECEDING BOX REMOVED). WHILE YOU MAY MODIFY THE CURRENT
LISTING EITHER TO CLARIFY OR LIMIT GOODS/SERVICES/THE NATURE OF
THE COLLECTIVE MEMBERSHIP ORGANIZATION, OR TO REMOVE
GOODS/SERVICES, YOU MAY NOT AT THIS POINT ADD TO, OR BROADEN,
THE GOODS/SERVICES/NATURE OF THE COLLECTIVE MEMBERSHIP
ORGANIZATION OR OTHERWISE AMEND THE GOODS/SERVICES/NATURE OF
THE COLLECTIVE MEMBERSHIP ORGANIZATION BEYOND THE SCOPE OF THAT
IN THE REGISTRATION.
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Use
Information
NOTE: If
deleting an entire class, you may by-pass any fields listed as
being "mandatory."
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*Specimen
File: A specimen is
required showing the mark in use in commerce for each class in the
registration.
Watch the TMIN
instructional video on what is an appropriate trademark or service
mark specimen for a good or service.
NOTE: For
attachment, the JPG/PDF image file(s) showing the specimen(s) must
be on your local drive. The Specimen File should show the overall
context of how the mark is
used, e.g., on the packaging for the goods or in an advertisement
for services, or on decals for use by members for collective
membership marks, with the mark clearly displayed thereon or
within. This image file should NOT show only the
mark by itself.
To
attach your specimen showing use of your mark on the goods or
services in your registration:
*Click
on the 'Attach' button to select the file in JPG/PDF format (not
exceeding 5 megabytes per attachment for JPG or 30 megabytes per
attachment for PDF) or .WAV, .WMV, .WMA, .MP3, .MPG, or .AVI
format (not exceeding 5 megabytes for sound files or 30 megabytes
for motion files).
0file(s)
attached
Check
this box if you are mailing a non-traditional
specimen using USPS
because it meets the qualifications explained in the hyperlink.
Sound and motion specimens are not non-traditional and MUST be
submitted using this form. Failure to submit a required specimen
through TEAS may result in processing delays and additional fees.
*Describe
what the attached specimen consists of
ADDITIONAL
INFORMATION REQUIRED FOR WEBPAGE SPECIMENS:
Enter
webpage URL(s) and date(s) of access below if it does NOT appear
on the attached specimen.
Enter
webpage URL(s) and dates(s) of access below if it does NOT appear
on the attached specimen.
If
your specimen consists
of a webpage, provide the webpage URL:
If
your specimen consists
of a webpage, indicate the date you accessed or printed the
webpage:
(MM/DD/YYYY)
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Attorney
Information
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* Attorney
Name
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Firm
Name
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Docket/Reference
Number
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NOTE: You
must limit your entry here to no more than 12 characters.
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* Bar
Membership
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* Year
of Admission
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* U.S.
State/Commonwealth/Territory
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* Membership
Number
You
must enter "N/A" or a membership/registration number
if your U.S. state, commonwealth, or territory issues one. This
number is not viewable in TSDR.
You must limit your entry
here to no more than 40 alphanumeric characters.
* The
attorney of record is an active member in good standing of the
bar of the highest court of a U.S. state, the District of
Columbia, or any U.S. Commonwealth or territory.
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Other
Appointed Attorney(s)
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Recognized
Canadian
Attorney/Agent
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Internal
Address
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* Street
Address
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NOTE: You
must limit your entry here, and for all remaining fields within
this overall section (except City, see below),
to no more than 40 characters (the storage limit for the USPTO
database). You may need to abbreviate some words, e.g., St.
instead of Street. Failure to do so may result in an
undeliverable address, due to truncation at the 40 character
limit.
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* City
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NOTE: You
must limit your entry here to no more than 22 characters.
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* State
(Required
for U.S. addresses)
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NOTE: You
must include as part of the "City" entry any
information related to geographical regions (e.g., provinces)
not found in the dropdown lists for "States" or
"Countries." Enter the city and then the geographical
region, separated by a comma (e.g., Toronto, Ontario). In most
instances, you will then also have to select the country within
which the region is found, below.
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* Country/Region/Jurisdiction/U.S.
Territory
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* Zip/Postal
Code
(Required
for U.S. and certain international addresses)
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Phone
Number
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Fax
Number
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* Email
Address
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The
appointed attorney's email address must be provided and kept
current with the USPTO.
NOTE:
The owner/holder or the owner's/holder's attorney acknowledges
that he or she is solely responsible for receiving USPTO
emails. Additionally, the owner/holder or the owner's/holder's
attorney is responsible for periodically checking the status of
the application/registration using the Trademark
Status & Document Retrieval (TSDR) system.
USPTO notices and office actions issued in this
application/registration can be viewed online using TSDR.
The USPTO is not responsible for any failure to receive a
USPTO-issued email due to the receiver's security or anti-spam
software, or any problems with the receiver's email system.
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Correspondence
Information
To
make changes to the Primary
Email Address for Correspondence below,
either
(1) return to the Owner Information section (if no
attorney has been appointed) and enter the change, or
(2) use
the Attorney Information section of the form to enter the change
(if an attorney has been appointed).
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Name
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Email
Address
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Primary
Email Address for Correspondence:
Secondary Email Address(es)
(Courtesy Copies)
Enter
up to 4 addresses, separated by either a semicolon or
a comma.
Only
the Primary Email Address is used for official communication by
the USPTO. The owner/holder or the owner's/holder's appointed
attorney must keep this email address current. The owner/holder or
the owner's/holder's appointed attorney may provide Secondary
Email Addresses for receiving courtesy copies.
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Miscellaneous
Information
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To
attach your file, please note that:
*Click
on the 'Attach' button to select the file in JPG/PDF format (not
exceeding 5 megabytes per attachment for JPG or 30 megabytes per
attachment for PDF) or .WAV, .WMV, .WMA, .MP3, .MPG, or .AVI
format (not exceeding 5 megabytes for sound files or 30 megabytes
for motion files).
0file(s)
attached
Miscellaneous
Statement: Enter
information for which no other section of the form is appropriate.
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Combined
§§ 8 & 15 Filing Fee: $425
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Number
of Classes
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Note: The
filing fee is computed based on the Number of Classes in
which the goods/services/collective membership organization
associated with the mark is/are classified.
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Combined
§§ 8 & 15 Filing Fee
(Number of Classes x $425 (per class))
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$
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Grace
Period Fee: $100
(if filing during the six month grace
period, Section 8 Grace Period Fee is added)
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Grace
Period Fee
(Number of Classes x
$100 (per class))
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$
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Total
Fee Paid
(Note: The total fees paid is the sum of the
Combined §§ 8 & 15 filing fee due and the
grace period fee due, if applicable.)
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Combined
§§ 8 & 15 Filing fee + Grace Period fee
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$
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Electronic
Signature
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To
electronically sign this document, enter any alpha/numeric
characters (letters/numbers) of
your choosing, preceded and
followed by the forward slash (/) symbol. Most signatories
enter their name between the two forward slashes; examples of
acceptable "signatures" include: /john doe/; /jd/; or
/123-4567/.
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DECLARATION
Read
the following statements before signing. Acknowledge the
statements by checking the boxes and signing below.
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Unless
the owner has specifically claimed excusable nonuse, the
mark is in use in commerce on or in connection with the
goods/services or to indicate membership in the collective
membership organization identified above, as evidenced by
the attached specimen(s).
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Unless
the owner has specifically claimed excusable nonuse, the
specimen(s) shows the mark as currently used in commerce on
or in connection with the goods/services/collective
membership organization.
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The
mark has been in continuous use in commerce for five
consecutive years after the date of registration, or the
date of publication under 15 U.S.C. § 1062(c), and is
still in use in commerce on or in connection with all
goods/services, or to indicate membership in the collective
membership organization, listed in the existing
registration.
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There
has been no final decision adverse to the owner's claim of
ownership of such mark for such goods/services, or to
indicate membership in the collective membership
organization, or to the owner's right to register the same
or to keep the same on the register.
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There
is no proceeding involving said rights pending and not
finally disposed of either in the United States Patent and
Trademark Office or in a court.
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To
the best of the signatory's knowledge, information, and
belief, formed after an inquiry reasonable under the
circumstances, the allegations and other factual contentions
made above have evidentiary support.
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The
signatory being warned that willful false statements and the
like are punishable by fine or imprisonment, or both, under
18 U.S.C. § 1001, and that such willful false
statements and the like may jeopardize the validity of this
submission and the registration, declares that all
statements made of his/her own knowledge are true and all
statements made on information and belief are believed to be
true.
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* Signature
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Examples
of acceptable "signatures" include: /john doe/; /jd/;
or /123-4567/.
NOTE: Must
be personally signed by the individual listed in the
Signatory's Name field. 37
C.F.R. §2.193(a). The
person signing may not enter someone else's signature.
Only
one signature is required, regardless of the number of owners.
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* Date
Signed
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(MM/DD/YYYY)
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* Signatory's
Name
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* Signatory's
Position
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Enter
appropriate title or nature of relationship to the
owner/holder.
If the signer is
- An individual
owner/holder, enter "Owner"
or "Holder" as appropriate.
- Joint
individual owners/holders,
enter "Owners" or "Holders" as
appropriate.
- A business
entity authorized
signatory, enter official title; e.g., "President"
(if a corporation),"General Partner" (if a
partnership), or "Principal" (if a limited liability
company).
- A U.S.-licensed attorney,
enter "Attorney of record," and if not specified in
the application or prior communications, specify at least one
state bar admission, e.g., "Attorney of record, New York
Bar member." Also, if the signing attorney is from the
same U.S. firm as the attorney of record, but was not listed in
the original filing and is not otherwise of record, also
include law firm name, e.g., Associate Attorney, Smith, Jones &
Davis, Virginia Bar member.
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Signatory's
Phone Number
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STEP
1: Review the application
data in various formats, by clicking on the phrases under
Application Data. Use the print function within your browser to
print these pages for your own records.
Note: It
is important that you review this information for accuracy and
completeness now. Corrections after submission may not be
permissible, thereby possibly affecting your legal rights.
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STEP
2: If any of the information
is incorrect, click on the Go Back to Modify button below to make
changes; then re-validate using the Validate button at the bottom
of the Combined Declaration of Use and Incontestability under
Sections 8 & 15. If there are no errors and you are ready to
file electronically, first use your print function within your
browser to print each of these pages for your own records. Then,
click on the Pay/Submit button below. This will bring up a screen
for you to enter the appropriate payment information. After
successful entry of the payment information, you will be able to
complete the submission to the USPTO.
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STEP
3: If there are no errors
and you are ready to file, confirm the Primary
Email Address for Correspondence,
displayed below. To make changes to this email address, use the
navigation buttons below to return to the appropriate page in the
form and update either the attorney's email address, if appointed,
or the applicant owner's/holder's email address. Courtesy
copies are also permitted
and these email address(es) are displayed below. To update these
addresses, use the navigation buttons below to return to the
Correspondence Information page and enter the changes.
After
you submit the form, the USPTO will send an acknowledgment of
receipt to the following email address(es):
Primary
Email Address for Correspondence
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Secondary
Email Address(es) (Courtesy Copies)
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STEP
4: Read and check the
following:
Important
Notice:
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(1)
Once you submit a Combined Declaration of Use and
Incontestability under Sections 8 & 15, either
electronically or through the mail, we will not refund your
fee, because it is a processing fee for our substantive
review.
(2) All information you submit to the USPTO at
any point in the application and/or registration process
will become public record, including your name, phone
number, email address, and street address. By filing this
document, you acknowledge and agree that YOU
HAVE NO RIGHT TO CONFIDENTIALITY in
the information disclosed. The public will be able to view
this information in the USPTO's on-line databases and
through internet search engines and other on-line
databases. This information will remain public even if the
application is abandoned or any registration is
surrendered, cancelled, or expired. To maintain
confidentiality of banking or credit card information, only
enter payment information in the secure portion of the site
after validating your form. For any information that may be
subject to copyright protection, by submitting it to the
USPTO, the filer is representing that he or she has the
authority to grant, and is granting, the USPTO permission
to make the information available in its on-line database
and in copies of the application or registration
record.
(3) Be aware that private
companies not associated
with the USPTO often use trademark application and
registration information from the USPTO's databases to mail
or email trademark-related solicitations (samples
of non-USPTO solicitations included).
If
you have read and understand the above notice, please check
the box before you click on the Pay/Submit button.
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STEP
5: To download and save the
form data, click on the Save
Form button at the
bottom of this page. The information will be saved to your local
drive. To begin the submission process with saved data, you must
open a new form, and click on the "Browse/Choose File"
button displayed on the initial form wizard page, at "[OPTIONAL]
To access previously-saved data, use the "Browse/Choose File"
button below to access the file from your local drive."
REMINDER: Do NOT try
to open the saved .obj form directly. You must return to the very
first page of the form, as if
starting a brand new form, and
then use the specific "Browse/Choose File" button on
that page to import the saved file. Clicking on the "Continue"
button at the bottom of that first page will then properly open
the saved version of your form.
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STEP
6: If you are ready to file
electronically:
Click on the Pay/Submit button, below, to
access the site where you will select one of three possible
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PRA
Burden Statement
A Federal
agency may not conduct or sponsor, and a person is not required to
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applicable Privacy Act System of Records Notice for this information
request is COMMERCE/USPTO-26, Trademarks Application and Registration
Records: Federal Register vol. 85 February 18, 2020, p 8847,
available at https://
www.govinfo.gov/content/pkg/FR-2020-02-18/pdf/2020-03068.pdf.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Smalls, Jonya |
File Modified | 0000-00-00 |
File Created | 2021-10-26 |