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Frequently Asked Questions

How do I establish use of my trademark if I filed an Intent to Use trademark application?

If a Notice ofAllowance has already issued, you establish use by filing a Statement of Useform that contains a sworn statement that you are now using the mark incommerce on all the goods/services. You may delete goods/services for which themark is not in use. The Statement of Use must also include:

• A government filingfee of $100 per class of goods/services, plus a $79 legal fee throughTrademarkia;

• The date of firstuse of the mark anywhere and the date of first use of the mark in commerce; and

• One specimenshowing how you use the mark in commerce for each class of goods/services.

Once the United States Trademark Officeissues the Notice of Allowance, you have 6 months to file the Statement of Use. The 6-month period runs from the issuedate shown on the Notice of Allowance, not the date you receive it.  If you have not used the mark in commerce, youmust 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 applicationwill be declared abandoned.

You may request 5 additional extensionsfor up to a total of 36 months from the Notice of Allowance issue date, with astatement of your ongoing efforts to make use of the mark in commerce.  A filing fee of $150 per class ofgoods/services must accompany the Extension Request.  The date of the grant or denial of anExtension Request does not affect the deadline for filing the Statement of Useor next Extension Request. The deadline is always calculated from the issuedate of the Notice of Allowance. 

If the Notice of Allowance has not yet beenissued and the application has not yet been approved for publication, you mayfile an Amendment to Allege Use, which includes the same information as theStatement of Use.  You may not file theAmendment to Allege Use during the “blackout period” after approval of the markfor publication and before issuance of the Notice of Allowance.  In that situation, you must wait until afterthe blackout period to file your Statement of Use.  While this process can be confusing, when yourequest to register your trademark through Trademarkia, an attorneyrepresenting you can help you navigate the process. Click here to get started in applying for your trademark through Trademarkia.
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