If your United States trademark application is filed on the intent-to-use basis, you will need to file the statement to use to eventually receive registration of your trademark. If the Statement of Use is not filed in time, you application will be deemed abandoned.
We can help you prepare and file the Statement of Use regardless of whether we filed the United States trademark application for you.
The requirements are different depending on the timing of filing:
Filing before the application is approved for publication：
- Use in commerce may be claimed between the filing date of the application and the date the application is approved by USPTO for publication in the Trademark Official Gazette (TMOG), which is published online weekly by USPTO.
- An Amendment to Allege Use to claim use in commerce will need to be filed during this period.
Filing after the Notice of Allowance (NOA) is issued
- Use in commerce within the first six months or an extension of time afterwards after the date a Notice of Allowance (NOA) is issued, which is a notice indicating your mark has been “allowed” for registration (but has not yet registered).
- During this period, you would file a Statement of Use to claim use of your mark in commerce.