FREQUENTLY ASKED QUESTIONS What is Post-Allowance Statement / Declaration of Use?

Your trademark does not automatically get registered after it gets allowed in Canada and the U.S.

You need to submit what's called a post-allowance Statement of Use, or Declaration of Use.

Find out what it is in the short video below:



In the U.S. it's called a Statement of Use. In Canada, it's called a Declaration of Use.

If you filed your trademark based on proposed use or intent to use (when you file your trademark before you can prove that the brand has already been in use for some or all products and services listed in your trademark application), then after your trademark goes through the whole process with the Trademark Office, eventually the trademark examiner will allow your trademark, but it won't get registered right away—until you provide evidence or declare to them that you have commenced using the brand for all of the products and services listed in your trademark application.

So in Canada, all you have to do is file a declaration, saying, "Yes, I promise, we started using the brand for all of the products and services".

In the U.S., in addition to making that statement, you also have to provide evidence: photographs, links to your web-site, or something like that which would convince the examiner that you are indeed already using the trademark.

And for Canada, even though you are not required to show evidence, the last thing that you want to do is lie to them, because if it's found that when you made the declaration of use, claiming that you started using your brand for all products and services when you indeed have not, then your trademark will be invalidated for that reason, so be very, very careful.

So, again, when your trademark gets allowed—it's not registered yet. It's going to sit and wait for you to say, "We're ready!" And you're going to get several months, which you can extend several times. But eventually, if you don't start using your allowed trademark within a certain period of time (and it's different from application to application, from country to country), eventually, your trademark application will be deemed abandoned.

That's another reason for you to think very clearly as to what products and services you should put in your trademark application. Because you have to have a genuine intention to start using your trademark for all the products and services that you put in your trademark application.

And here is another thing, if you realized that you won't be using the trademark for some of the products and services that you've listed in your trademark application, it is ok to say, We are using the trademark for these products and services; we are not going to be using it for those products and services. So we would like our trademark to be registered only for those that we've already started using. And the Trademarks Office will happily remove the abandoned products and services from your application and register your trademark for everything else that remains.

Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.