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Frequently Asked Questions

How long does an Intent-to-Use applicant have to show actual use of the mark in commerce?

The owner of the mark has 3 years (or 6 six-month intervals) from the date of issuance of the Notice of Allowance to commence use of the applied for mark. Owners must file a "Statement of Use" with the Trademark Office indicating that they have started using the mark in commerce. In the event the owner of the mark (by the end of the first six-month interval) still hasn't started using the mark, he will need to file a request for extension of time to file the Statement of Use with the Trademark Office, seeking another six-month interval to use the mark in commerce. These steps are to be repeated until the Statement of Use is finally filed with the Trademark Office. If the owner fails to provide proof of use in commerce within 3 years of the date of issuance of the Notice of Allowance, the mark will not be registered. Therefore, following these steps are essential in maintaining rights to the mark.

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