Trademark Acknowledgments and Declarations

By submitting a trademark application intake form to The Law Office of Brian D. Russ, you make the following acknowledgements and declarations:

Declarations

GOVERNMENT-REQUIRED DECLARATIONS
The United States Patent and Trademark Office, the federal agency tasked with registering trademarks, requires applicants to sign a declaration swearing to particular facts contained in your application. As your attorney, I will be signing the trademark declaration on your behalf, and I MUST ATTEST TO THE INFORMATION BELOW. Accordingly, your submission of the intake form acts as your representation and attestation to the truth of the information contained therein. DO NOT SUBMIT THE INTAKE FORM unless all of the information below is accurate. If you are unclear regarding any portion of this declaration, please ask for an explanation before submitting.


FOR AN APPLICATION FILED BASED ON A USE-IN-COMMERCE BASIS (UNDER SECTION 1(A)):

  • YOU BELIEVES THAT THE APPLICANT IS THE OWNER OF THE TRADEMARK/SERVICE MARK SOUGHT TO BE REGISTERED.
  • THE APPLICANT IS USING THE MARK IN COMMERCE ON OR IN CONNECTION WITH THE GOODS/SERVICES IN THE APPLICATION [AND WAS USING THE MARK IN COMMERCE ON OR IN CONNECTION WITH THE GOODS/SERVICES IN THE APPLICATION AS OF THE APPLICATION FILING DATE].
  • THE SPECIMEN(S) SHOWS THE MARK AS USED ON OR IN CONNECTION WITH THE GOODS/SERVICES IN THE APPLICATION.
  • TO THE BEST OF THE SIGNATORY’S KNOWLEDGE AND BELIEF, NO OTHER PERSONS, EXCEPT, IF APPLICABLE, CONCURRENT USERS, HAVE THE RIGHT TO USE THE MARK IN COMMERCE, EITHER IN THE IDENTICAL FORM OR IN SUCH NEAR RESEMBLANCE AS TO BE LIKELY, WHEN USED ON OR IN CONNECTION WITH THE GOODS/SERVICES OF SUCH OTHER PERSONS, TO CAUSE CONFUSION OR MISTAKE, OR TO DECEIVE.

FOR AN INTENT-TO-USE BASIS (UNDER SECTION 1(B)), A FOREIGN APPLICATION BASIS (UNDER SECTION 44(D)), OR A FOREIGN REGISTRATION BASIS (UNDER SECTION 44(E)):

  • YOU BELIEVE THAT THE APPLICANT IS ENTITLED TO USE THE MARK IN COMMERCE.
  • THE APPLICANT HAS A BONA FIDE INTENTION TO USE THE MARK IN COMMERCE ON OR IN CONNECTION WITH THE GOODS/SERVICES IN THE APPLICATION [AND HAD A BONA FIDE INTENTION TO USE THE MARK IN COMMERCE ON OR IN CONNECTION WITH THE GOODS/SERVICES IN THE APPLICATION AS OF THE APPLICATION FILING DATE].
  • TO THE BEST OF THE YOUR KNOWLEDGE AND BELIEF, NO OTHER PERSONS, EXCEPT, IF APPLICABLE, CONCURRENT USERS, HAVE THE RIGHT TO USE THE MARK IN COMMERCE, EITHER IN THE IDENTICAL FORM OR IN SUCH NEAR RESEMBLANCE AS TO BE LIKELY, WHEN USED ON OR IN CONNECTION WITH THE GOODS/SERVICES OF SUCH OTHER PERSONS, TO CAUSE CONFUSION OR MISTAKE, OR TO DECEIVE.

Acknowledgments

  1. Client agrees to disclose fully and accurately all facts and keep the firm informed of all developments relating to this matter.
  2. Client acknowledges that trademark registration is not guaranteed, and neither the government filing fees nor the firm’s fees will be refunded if the USPTO refuses registration of the mark.
  3. Client acknowledges that once the application is filed the applied for mark CANNOT be materially altered or changed, and if a substantive or material changes to the mark is desired, it will require a new application with new fees to both the government and law firm.
  4. Client acknowledges that once the application is filed the goods and/or services specified in the application CANNOT be added to or expanded, and desired additions to the identification of goods and/or services will require a new application with new fees to both the government and law firm.