Trademark Blog

What is an Amendment to Allege Use?

Amendment to Allege Use

An Amendment to Allege Use is a sworn declaration filed with the United States Patent and Trademark Office (USPTO) indicating that your trademark is currently in use in commerce in connection with all of the products/services recited in your trademark application. The Amendment to Allege Use requires you to (1) set forth the date on which your mark was first used anywhere in the United States, (2) set forth the date on which your mark was first used in interstate commerce, and (3) submit a proper specimen showing actual use of your mark. If you filed your application under Section 1(b) (intent to use), then you will eventually need to demonstrate actual use of your trademark by filing either an Amendment to Allege Use or the Statement of Use.

What is the Supplemental Register for US Trademarks?

The Supplemental Register is provided by the United States Patent and Trademark Office (USPTO) as a way to federally register certain types of US trademarks. Although it doesn’t offer all of the benefits and protections of the Principal Register, it’s still a valuable tool that should be utilized under appropriate circumstances.

The USPTO maintains two separate trademark registers. The Principal Register is reserved for trademarks that are considered “distinctive.” On the other hand, the Supplemental Register is for trademarks that have not yet acquired distinctiveness or “secondary meaning” in the minds of consumers.

What is Proof of Use for Trademark Registration?

Proof of Use for Trademark

Proof of use for trademark registration is something that’s often misunderstood by people who choose to file their own trademark applications. It’s not uncommon for people to contact me after receiving a trademark office action from the United States Patent and Trademark Office (USPTO) indicating that registration of their trademark is being refused because the proof of use they submitted (referred to as “specimens”) is insufficient or improper. This trademark specimen refusal causes significant delays in registering their trademark and, in some cases, can even lead to their trademark application going abandoned and having to start the trademark registration process all over again.

What is Use in Commerce for Trademark Registration?

What is Use in Commerce?

Use in commerce is vitally important in US trademark law, especially with regard to registering a trademark with the United States Patent and Trademark Office (USPTO). The definition and meaning of use in commerce is something all trademark applicants should fully understand because it can greatly affect the validity of a trademark application and any resulting trademark registration.

Is Trademark Engine Legit for Filing My Trademark Application?

Is Trademark Engine Legit?

What is Trademark Engine?

Recently, many people have been asking me the following question: “Is Trademark Engine legit when it comes to filing a trademark application?” Trademark Engine is a trademark registration service that can be best summed up by its very own language located on the bottom of its website:

Trademark Engine provides information and software only. Trademark Engine is not a “lawyer referral service” and does not provide legal advice or participate in any legal representation.

Furthermore, Trademark Engine sets forth the following disclaimer on its website:

Trademark Engine is not a law firm and none of the information on this website constitutes or is intended to convey legal advice. Likewise, our customer service representatives are here to assist you, but they may not provide any legal advice to you. General information about the law is not the same as advice about the application of the law in a particular factual or legal situation. Individual facts and circumstances as well as legal principles including but not limited to the ones referenced on this website can affect the outcome of any given situation. Trademark Engine cannot and does not guarantee that an application will be approved by the USPTO, that a mark will be protected from infringement under common US trademark law, or that any ensuing litigation or dispute will lead to a favorable outcome. If you want or have an interest in obtaining legal advice with respect to a specific situation or set of circumstances, you should consult with the lawyer of your choice.

Now that you know Trademark Engine isn’t a law firm and can’t provide you with any valuable legal advice, guidance, or recommendations, never mind address the many important questions and concerns you likely have regarding trademarks and trademark registration, you may be wondering what Trademark Engine does have to offer. In other words, is Trademark Engine legit?