Statement of Use Filings

Did you apply for your trademark under an “intent-to-use” (also called Section 1(b)) filing basis? If so, you will need to file a Statement of Use to finalize your trademark registration. If you miss the deadline to file a Statement of Use, your trademark application will be abandoned.

If you filed your trademark through Gerben IP then we will inform you when your Statement of Use is due and work with you to complete the filing.

If you did not use our firm to file your original trademark application we can still assist you with the Statement of Use filing. Contact our office and we will give you a custom quote on your filing.

Tips Regarding Statement of Use Filings:

  • The USPTO will issue a Notice of Allowance six months before you need to file either a statement of Use or a six-month extension.
  • In order to file a Statement of Use, you must be actively selling your branded products or rendering your services in the United States.
  • Once you file a Statement of Use, you cannot submit proof of use that happened after you filed the original proof of use. If your filing is found to be insufficient than you will need to start the application process anew.
  • You can file for a six-month extension to this requirement up to a total of five times.
  • If at any time you miss a deadline, you will have six months to revive the application for a fee. After that grace period, the application will be dead and cannot be revived.

Do you need assistance with a trademark Statement of Use filing?

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