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USPTO - Trademark
Posted by Anonymous . updated on 2/26/2009
Hello
The USPTO has requested me to file a Statement of Use, which should include "one specimen showing use of the mark in commerce for each class of goods/services." My company is a private holding company; it does not supply any goods or services. Its activity is based entirely on its equity capital (it does not raise money in the US or anywhere else nor does it invest other people's money as a portfolio management firm). It only trades in stocks (through US brokerage accounts).
I am not a US resident and my company is not listed there, but in a foreign country currently not a member of the Madrid Protocol.
Do you have any advice?
Thanks,
tany 
Goods and Services
IC 035. US 100 101 102. G & S: Business administration and management
IC 036. US 100 101 102. G & S: Investment management
(4) STANDARD CHARACTER MARK
Design Search Code
Serial Number ---
Filing Date ---, 2005
Current Filing Basis 1B
Original Filing Basis 1B
Published for Opposition May --, 2006
Answers (2)
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lyza2855
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Quote ...My company is a private holding company; it does not supply any goods or services. ... It only trades in stocks (through US brokerage accounts).
I am not an attorney and cannot assist you by law, but you appear to be confused with the filing process. You have filed for registration of the mark for use with "Business administration and management; and Investment management" services. If you have a brochure or website or both that explain how you provide or offer those services within the U.S., you probably have a viable specimen that may be filed with the Statement of Use ("SOU").
If you have not appointed a domestic representative, you need to find knowledgeable IP counsel in the U.S. to assist you with this filing. Good luck.
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JSonnab...
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Believe it or not, Tany, you've given enough information for someone to find your application in TESS. You company is Israeli, correct? Not to worry, though, that's not really an issue.
I responded to your post in another forum, but I'll repeat it in substance here for the benefit of other readers.
You can't "trademark" something (a word or logo, for instance) that isn't being used as a trademark. Something is a trademark when it functions as one, and isn't a trademark if it doesn't function as one. There's no magical filing that can change that.
Your application states two different services you purportedly intended to offer in connection with the mark. Once you start providing those services, then most advertisement would qualify as specimens. Contrary to advice you got elsewhere, letterhead will not qualify.
- Jeff
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