Statement of Use
If you are not yet using your mark in commerce, but you have a bona fide intent to use the mark, you can still file your application under Section 1(b).
- If the application is approved by the examiner, you will be issued a "Notice of Allowance."
- At that point, you will need to file a Statement of Use
What is a Statement of Use?
A Statement of Use simply tells the examiner that you are now using the mark in commerce. Once the examiner receives the statement, along with a specimen showing how the mark is being used, the application will proceed to registration.
When is it Due?
When the Notice of Allowance is issued, you will have 6 months to file either a Statement of Use or a request for a 6 month extension of time. You may file requests for extension up to five times, giving you up to three years after the issuance of the Notice of Allowance to file your Statement of Use. If you miss a deadline to file the Statement of Use or a request for extension, you will have up to six months to revive the application for a fee, otherwise the application will be abandoned. If you reach the end of the final extension of time and are still unable to file a Statement of Use, your application will be abandoned.
How Much Will it Cost?
To file a Statement of Use, our fee is $175 plus the USPTO fee of $100 per class. To file a request for extension of time, our fee is $175 plus the USPTO fee of $125 per class.
If we filed your application, we will inform you when the Statement of Use or extension is due and will work with you to complete the filing. If you we did not file your application, we can still help with the Statement of Use. Contact us, below to get started.
If we filed your application, we will inform you when the Statement of Use or extension is due and will work with you to complete the filing. If you we did not file your application, we can still help with the Statement of Use. Contact us, below to get started.
