What happens if I do not file a Statement of Use on time?

If an applicant does not file a Statement of Use (SOU) by the deadline, and does not timely file an extension request, the trademark application will generally be abandoned by the USPTO.

Once an application is abandoned, the applicant may lose the opportunity to register the trademark through that application and may need to file a new trademark application and pay new filing fees if protection is still desired

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 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.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.