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Get the free Combined Declaration of Use and Incontestability of Trademark

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A "trademark" is a word, design or combination used by an individual or a business to identify its goods or services. In some cases a trademark can also be a sensory mark--a sound, a color or a smell.
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What is combined declaration of use

A combined declaration of use is a legal document submitted to confirm that a trademark is in use in commerce and to maintain its registration.

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Who needs combined declaration of use?

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Combined declaration of use is needed by:
  • Trademark owners
  • Businesses owning registered trademarks
  • Lawyers specializing in intellectual property
  • Individuals seeking to renew trademark registrations

How to complete the combined declaration of use form

Filling out the combined declaration of use form is essential for maintaining your trademark rights. This guide will provide you with detailed insights on how to complete this form effectively, ensuring you comply with trademark maintenance regulations.

What is the combined declaration of use form?

The combined declaration of use form serves as an official document submitted to the United States Patent and Trademark Office (USPTO) to declare that a trademark is in use in commerce. It plays a crucial role in the trademark maintenance process, ensuring that your trademark rights remain valid and enforceable. Key components of the declaration include the trademark's registration details, evidence of use, and a signature from the owner.

What do you need before filling out the form?

  • Before filling out the combined declaration of use form, ensure that your trademark is registered and in use in commerce.
  • Gather all necessary documentation, including a specimen showing the trademark as used in commerce and any prior application or registration information.
  • Identify which specific trademarks you are declaring use for, especially if you have multiple trademarks registered.

How to fill out the combined declaration of use form?

Starting the form on pdfFiller is straightforward. Choose the combined declaration of use form from the template options and follow the guided instructions.
Each section of the form requires specific information, such as the owner's details, trademark information, and evidence of use. It is essential to fill these sections accurately to avoid common mistakes that could lead to delays or rejections.
  • Ensure that your specimen accurately represents the trademark in use and that all fields are correctly filled out to prevent filing issues.

When and how to submit the combined declaration of use form?

The best practices for submission include ensuring that all information is accurate before submission via pdfFiller. You can submit your form electronically, which is often faster and more efficient.
Keep in mind the deadlines for filing. Typically, the declaration of use form must be filed within specific timeframes after registration and renewal dates.
  • Utilize the tracking features on pdfFiller to monitor the status of your submission and confirm acceptance by the USPTO.

What are the filing fees and payment options?

Filing fees for the combined declaration of use form vary based on the number of classes of goods or services associated with your trademark. Make sure to review the current cost structure before proceeding.
pdfFiller accepts various payment methods, making the process convenient. Understanding details on refunds and fee waivers can also save you money if any issues arise during the submission.
  • Check the official USPTO fee schedule to determine your total filing fees based on the specifics of your submission.

What common issues might arise and how can you resolve them?

While submitting the combined declaration of use form, frequently encountered problems include inaccuracies in the form and delays in the processing time. By carefully reviewing your submission beforehand, you can avoid most issues.
Resources for troubleshooting are available on the pdfFiller support page, where you can find guides and contact information for direct assistance.
  • Reach out to pdfFiller's support team for quick resolutions to any filing troubles you may encounter.

How to update or modify your submission?

Once you’ve submitted your declaration, you may need to amend it if there are updates or changes in your trademark usage. It’s important to know how to make these amendments effectively.
Utilize pdfFiller's document management tools to keep track of changes and maintain updated records of your submission and correspondence.
  • pdfFiller provides efficient options for altering your documents in a cloud-based environment, ensuring your records remain organized and current.

How to fill out the combined declaration of use

  1. 1.
    Start by obtaining the correct form for the combined declaration of use from the USPTO or your preferred legal service platform.
  2. 2.
    Open the PDF using pdfFiller and ensure you have access to all necessary information regarding your trademark registration.
  3. 3.
    Enter your trademark registration number in the designated field to retrieve your account details.
  4. 4.
    Provide the required information about the goods or services associated with your trademark, ensuring accuracy and compliance with trademark classifications.
  5. 5.
    Indicate the dates of use in commerce, ensuring that they accurately reflect the period since the trademark was first used.
  6. 6.
    Attach a specimen demonstrating the use of the trademark in actual commerce, such as advertisements or product images; make sure the file is an accepted format.
  7. 7.
    Review all entered information for accuracy and completeness, checking for any potential errors that could delay processing or lead to rejection.
  8. 8.
    Once verified, submit the form through pdfFiller by following the prompts to pay any applicable fees, ensuring you receive confirmation of submission.
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