How do I establish use of my trademark if I filed an Intent to Use trademark application?
If a Notice of Allowance has already issued, you establish use by filing a Statement of Use form that contains a sworn statement that you are now using the mark in commerce on all the goods/services. You may delete goods/services for which the mark is not in use. The Statement of Use must also include:
• A government filing fee of $100 per class of goods/services, plus a $79 legal fee through Trademarkia;
• The date of first use of the mark anywhere and the date of first use of the mark in commerce; and
• One specimen showing how you use the mark in commerce for each class of goods/services.
Once the United States Trademark Office issues the Notice of Allowance, you have 6 months to file the Statement of Use. The 6-month period runs from the issue date shown on the Notice of Allowance, not the date you receive it. If you have not used the mark in commerce, you must file a Request for an Extension of Time to File a Statement of Use (Extension Request) before the end of the 6-month period, or the application will be declared abandoned.
You may request 5 additional extensions for up to a total of 36 months from the Notice of Allowance issue date, with a statement of your ongoing efforts to make use of the mark in commerce. A filing fee of $150 per class of goods/services must accompany the Extension Request. The date of the grant or denial of an Extension Request does not affect the deadline for filing the Statement of Use or next Extension Request. The deadline is always calculated from the issue date of the Notice of Allowance.
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If the Notice of Allowance has not yet been issued and the application has not yet been approved for publication, you may file an Amendment to Allege Use, which includes the same information as the Statement of Use. You may not file the Amendment to Allege Use during the “blackout period” after approval of the mark for publication and before issuance of the Notice of Allowance. In that situation, you must wait until after the blackout period to file your Statement of Use. While this process can be confusing, when you request to register your trademark through Trademarkia, an attorney representing you can help you navigate the process. Click here to get started in applying for your trademark through Trademarkia.