Trademark Continuous Use Questionnaire - Sections 8 and 15

CONTINUOUS USE - SECTIONS 8 & 15 DECLARATION

The following information is necessary to prepare the required Declaration to maintain the active status of the U.S. Trademark Registration and, if possible, achieve incontestability of the Registration. Please complete the following with careful reference to the details of the Registration, which has been provided in our communication relative to this matter:

U.S. Trademark Registration No.:

Mark:(Required)

MM Ref. No.:(Required)

Our reference number is usually listed as "MM Ref.:" in the Subject line of our emails, but you may respond "N/A" if not known.

Attorney Contact(Required)

Choose the Primary Attorney who initially assisted you with this matter.

CURRENT OWNER

Owner Currently Listed on Registration:

Have there been any changes to ownership of the mark and/or Registration (e.g., corporate name-change, assignment to new owner, corporate merger)?(Required)

Yes

No

Note: Only the owner of the mark/Registration may renew the Registration. Typically, the owner is usually the same person or entity making use of the mark in U.S. Commerce, but there may be licensees or franchisees, as discussed below. If there are unusual ownership issues, e.g., ownership of the mark by a foreign manufacturer or related entity, please advise us by separate correspondence.

Please provide the complete and exact name of the new owner:

Please explain the circumstances of the change in ownership:

Has the owner’s mailing address changed from that currently listed on the Registration?(Required)

Yes

No

Please Provide the New Address

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

CURRENT STATUS OF TRADEMARK USE

Is the mark currently in use in U.S. Commerce (by the owner, subsidiary or related company/entity, licensee, or franchisee)?

Yes, between U.S. states

Yes, between the U.S. and a foreign country

No, the mark is no longer in use

No, the mark is no longer in use exactly as shown on the Registration, but a revised version of the mark is in use

Note: U.S. Commerce (also called “interstate commerce”) typically requires: a) use on goods that are physically shipped across state lines, imported into the United States, or exported from the United States; or b) use in connection with services that are presently available in the United States to an audience that is national or international in scope, though not necessarily rendered in multiple states or countries. Such use must be in the ordinary course of business and not merely to reserve rights in the mark. Use of the mark should match its appearance on the Registration exactly, which includes strict conformity to punctuation, spacing, font-letters, design elements, etc.

Please explain the reasons for non-use:

Please provide an image of the revised mark:

Max. file size: 256 MB.

Please list all foreign countries:

(Optional) Is the Mark registered in all such countries?

Yes

No

(Optional) Would you like to speak to one of our attorneys about applying to register the mark in foreign countries?

Yes

No

CURRENT STATUS OF TRADEMARK USE

Carefully referencing all of the goods/services listed in the Registration, is the mark in use in U.S. Commerce for each and every one of the individual goods/services listed?

Yes

No

Important note: Failure to identify and delete particular goods/services on which the mark is no longer in use (unless there is excusable non-use) may jeopardize the validity of the entire Registration.

Please list which goods/services are no longer in use under the mark and explain the reasons for non-use:

For those goods/services for which the mark is currently in use, has it been used continuously in U.S. Commerce for the past five (5) years?

Yes

No

Please provide the dates of interruption and the reasons for non-continuous use:

(Optional) Typically, new goods/services cannot be added to the existing Registration. Are you interested in filing an additional trademark application to register the mark on additional goods/services not listed in the current Registration?

Yes

No

Please list those new goods/services on which the mark is being used, i.e., any that are not listed in the current Registration:

Please upload a “specimen” of how the mark is currently being used on EACH of listed goods/services, typically in the form of photographs taken on a standard smartphone or website screenshots showing the entire browser window inclusive of the domain name and date/time stamp.

Note: Use of a mark is usually accomplished: a) on goods by affixing the mark to the products in the form of labels, packaging, hang-tags, stamping, or embossing, but may also be on insert materials, point-of-sale displays, or online displays in close proximity to an image of the product that can be purchased from the website; or b) on services in the form of signage, flyers, brochures, advertisements, and website displays (business card and stationery are typically not adequate). Specimens may not be mock-ups, computer-generated/modified images, or other token use made merely to satisfy the use requirement.

Max. file size: 256 MB.

If no specimens exist for any of the goods/services, please explain how the mark is used on/for those goods/services:

LEGAL ACTION INVOLVING TRADEMARK

Has there been any legal action against the owner’s claim of ownership of the mark, right to register the mark, or right to keep the Registration, including state or federal litigation, cancellation proceedings, or any other form of legal or administrative action involving the mark?

Yes

No

Please describe in detail:

Please Upload any relevant documents:

Max. file size: 256 MB.

CLIENT CONTACT INFORMATION

In order to maintain our communication protocols, who is the primary contact person for the owner of the Registration (there can be only one individual as the primary contact)?

PRIMARY CONTACT:(Required)

Name:

Title (if applicable):

Email:

Telephone:

There can be only one individual as the primary contact. For corporations, please specify the official title as found on corporate documents filed with the state of incorporation.

Will this person be the primary signatory on all documents?(Required)

This is the individual who will be primarily responsible for signing official documents.

Yes

No

Please specify the Primary Signatory:(Required)

Name:

Title (required if applicable):

For corporations, please specify the official title as found on corporate documents filed with the state of incorporation.

Should any additional person(s) be copied on all legal correspondence?(Required)

Yes

No

Examples: Another executive, an administrative assistant, outside general counsel, etc.

Specify:(Required)

Name:

Title (if applicable):

Email:

Telephone:

Who should receive billing statements?(Required)

Primary Contact Only

All Contacts Above

Specific Billing Contacts (enter below)

Specify:(Required)

Name:

Title (if applicable):

Email:

Telephone:

Trademark Continuous Use Questionnaire – Sections 8 and 15

CONTINUOUS USE - SECTIONS 8 & 15 DECLARATION

CURRENT OWNER

USE BY OTHERS

CURRENT STATUS OF TRADEMARK USE

CURRENT STATUS OF TRADEMARK USE

LEGAL ACTION INVOLVING TRADEMARK

CLIENT CONTACT INFORMATION

OTHER INTELLECTUAL PROPERTY ISSUES

Miami:

Boca Raton:

Jacksonville:

Orlando:

Tampa:

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Trademark Continuous Use Questionnaire – Sections 8 and 15

CONTINUOUS USE - SECTIONS 8 & 15 DECLARATION

CURRENT OWNER

USE BY OTHERS

CURRENT STATUS OF TRADEMARK USE

CURRENT STATUS OF TRADEMARK USE

LEGAL ACTION INVOLVING TRADEMARK

CLIENT CONTACT INFORMATION

OTHER INTELLECTUAL PROPERTY ISSUES

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Request Initial Consultation at No Charge