How long do I have to file a Statement of Use?
Upon receiving a Notice of Allowance, the applicant has six months from the issue date to file either a Statement of Use (SOU) demonstrating that the trademark is being used in commerce or a Request for Extension of Time to File a Statement of Use.
If the trademark is not yet in use, the applicant may request extensions in six-month increments. In most cases, up to five extension requests may be granted, providing a maximum of 36 months from the Notice of Allowance issue date to submit the Statement of Use.
Failure to file either a Statement of Use or an extension request by the applicable deadline may result in the trademark application being deemed abandoned by the USPTO.
When calculating a trademark deadline, use the date shown in the official USPTO record or notice rather than an estimate. Missing a USPTO deadline can lead to additional fees, loss of rights, or abandonment of the application.
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 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.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.