What is the process of filing the Statement of Use?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The Statement of Use is filed with the USPTO after the Notice of Allowance is issued on an intent-to-use trademark application. The process follows these steps:

  1. Receive the Notice of Allowance from the USPTO after the application passes examination and the opposition period.
  2. Begin commercial use of the mark in US interstate or international commerce in connection with the goods or services listed in the application.
  3. Prepare a specimen showing the mark in actual use: for goods, a product photograph or label; for services, a screenshot of a website or promotional material where the mark is used in connection with the services.
  4. File the Statement of Use through the USPTO's TEAS system within six months of the Notice of Allowance date, along with the applicable fee and the specimen.
  5. If commercial use has not begun within six months, file a Request for Extension of Time before the deadline. Extensions are available in six-month increments, up to a maximum of 36 months from the Notice of Allowance date.

Once the USPTO accepts the Statement of Use, the trademark is formally registered and a certificate is issued.

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