Can I extend the deadline to file a Statement of Use?

Yes, an applicant can request an extension of time to file a Statement of Use (SOU) if the trademark is not yet being used in commerce by the initial deadline. The first SOU deadline is generally six months from the date the USPTO issues the Notice of Allowance.

If additional time is needed, the applicant may file a request for an extension of time. The USPTO allows up to five extension requests, each providing an additional six months. As a result, an applicant may have up to 36 months from the Notice of Allowance date to submit a proper Statement of Use.

An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.

Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.

A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.