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Statement of Use Extension
$99+ USPTO filing fee of $150 per class

Complete the Process with a Few Clicks of the Mouse

If you filed an Intent to Use application, you already got your place in line before you were actually using your mark. If you haven’t quite started using your mark in commerce yet, it’s OK. The USPTO allows up to five six-month extensions. Request your extension today to hold you place in line.

You must file your Statement of Use within six months from when the USPTO issued your Notice of Allowance, or within six months of a previously granted extension. If you miss the deadlines, your application will be considered “abandoned” and you will have to start all over including payment of new USPTO filing fees. Learn more about our Statement of Use filing services.

You may request an extension. If you are not using the mark in commerce yet, then you must file an extension request and the required fee(s) to avoid abandonment. You can file up to five six-month extensions.

In addition to Trademark Engine’s service fee, you will be charged $150 per class which is the USPTO filing fee.

You can do what is referred to as “dividing an application.” There are additional UPSTO fees to do this because it creates what the USPTO calls a “child” and “parent” application. There is also a slightly increased Trademark Engine service fee because of the extra processing. But, dividing an application is a good way to register your mark as one class of goods while preserving your rights on another. This will allow you to extend the six-month deadline for the class of goods if you are not ready, but register for the class of goods or service that you are already selling.

If trademark applicants aren’t quite using their mark in commerce, the applicant can file an Intent to Use Application and, if all goes well, receive a Notice of Allowance. Within six months of being granted the Notice of Allowance, the applicant must then prove that it is now using the mark or request up to five six-month extensions. To prove that you are now using the mark in commerce, you file a Statement of Use.

  1. A $100 per class USPTO fee must be paid.
  2. You must provide a specimen of the mark showing that you are now using your mark in commerce.
  3. You must verify that you are actually using the mark as indicated on your application.

Trademark law generally defines use of the mark in commerce in the following ways:

With regard to goods, use in commerce is proven when the mark is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and (B) the goods are sold or transported in commerce.

With regard to service, use in commerce is proven when the mark is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.

A specimen is a real-world sample of how you actually use your mark with the goods and/or services identified in your application. It is what the consumers actually see when they are purchasing your goods or services.

Here are some more detailed tips from the USPTO:

A specimen for goods (products) usually shows the mark on the actual goods, on labels/tags affixed to the goods, on packaging, or in a product display for the goods (like a window display). Advertising materials are generally not acceptable as a specimen for goods, nor are materials used to carry out your daily business (e.g., invoices, packing slips, etc.). The USPTO typically accepts the following specimens for goods:

  • A photograph of the product showing the mark directly on the product (e.g., the bottom of a coffee mug)
  • Product labels and tags showing the mark (e.g., the label on a t-shirt)
  • Product packaging showing the mark (e.g., detergent soap packaging)
  • Signage used in a product display at a store (e.g., a photograph of the display)
  • A webpage showing or describing the product near the mark and with purchasing information (e.g., a webpage showing a photograph of a computer laptop, the mark for the laptop appearing above the photograph, the price appearing below the photograph, and a shopping cart button/link appearing on the page)
  • For downloadable software, copies of the instruction manual and screen printouts from (1) web pages showing the mark in connection with ordering or purchasing information or information sufficient to download the software, (2) the actual program that shows the mark in the title bar, or (3) launch screens that show the mark in an introductory message box that appears after opening the program

A specimen for services generally shows the mark used in the sale, rendering, or advertising of the services. A consumer should be able to directly associate your mark with the services you identified in the application on the specimen. The USPTO typically accepts the following specimens for services:

  • Print or Internet advertising
  • Brochures and leaflets
  • Menus for restaurants
  • Business cards and letterhead
  • Marketing and promotional materials
  • A photograph of business signage and billboards
  • A photograph of a musical band performing with the band's name displayed during the performance (e.g., on the band's drum)

*Specimens consisting of advertising, marketing, and/or promotional materials must show a direct association between the mark and the services. However, if your mark itself references the services, the specimen would show a sufficient direct association (e.g., ABC MEDICAL for a medical clinic).

If you were granted a Notice of Allowance for multiple classes, but you have decided not to pursue a registration for one or more of those classes, you simply disclaim it when you file your Statement of Use. By disclaiming a class, the USPTO will treat your application as abandoned to that class while proceeding with the class or classes you still want to pursue.

To answer this, let’s look at the common example of clothing. Many people file an Intent to Use under Class 25 for clothing and then list, shirts, pants and shoes. In this example, let’s say you are selling shirts, but not pants or shoes. Just like with a class, any description of goods within a class that you do not include will be permanently deleted from your trademark registration. You will have to file a new trademark application to cover any of the items you leave off of the Statement of Use. While you may need to only provide a specimen showing your use for one type of good or service within the class (for our example, a shirt), you will have to state subject to perjury, that you actually are using the mark for all of the goods listed on this Allegation of Use. Therefore, if you are only selling some of the items within a class, you may want to file an extension or divide your application.

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