File Your Statement of Use Extension Online.

The standard deadline for submitting a Statement of Use is six months from the date on which the USPTO sent the Notice of Allowance, or six months from the date on which an extension was previously granted. The application will be deemed "abandoned" if it is not submitted by the specified deadline. In most cases, if the applicant wants to register the trademark again, they'll have to start from scratch and pay additional filing fees to the USPTO. Check out our Statement of Use filing services for more information.

In order to prevent abandonment, applicants must file an extension request along with the necessary fee(s) if they do not use the mark in commerce within six months of submitting an Intent to Use application. Applicants are typically granted five six-month extensions by the USPTO.

In addition to Us Trademark Service’s service fee, the USPTO charges $150 per class, which is the USPTO filing fee.

An applicant has the option to "divide an application" in these situations. The reason behind the additional UPSTO fees is because this process results in the creation of what the USPTO refers to as a "child" and "parent" application. Due to the additional processing, the Us Trademark Service service charge has been significantly raised. However, some businesses prefer to split their applications in order to register a mark for one category of goods while keeping rights to another intact. This can register for the class of goods or services that are already in use, but allow an extension of the six-month deadline for the class of goods that are not yet in use.

You must provide your trademark’s registration number and a specimen showing that your trademark is currently in use. You must also provide your contact information if it has changed.

If trademark applicants aren’t using their mark in commerce, the applicant can file an Intent to Use Application and generally, if all goes well, receive a Notice of Allowance. Within six months of being granted the Notice of Allowance, the applicant generally has to prove that it is now using the mark or request up to five six-month extensions. The USPTO requires a specimen to prove use in commerce when a Statement of Use is filed.

• A $150 per class USPTO fee.
• A specimen of the mark showing that it is in use in commerce.
• Verification that the mark is in use as indicated on the application.

A mark is considered to be "in commerce" when it is used in the following manner, as stated in 15 U.S.C. § 1127:

It is common practice for a mark to be used in commerce when two things happen: (A) the mark is displayed in some way on the goods or their containers, or on tags or labels attached to them; or (B) the goods are sold or transported in commerce, unless the nature of the goods makes this impractical.

The term "use in commerce" is often used to describe the situation where a mark is used in connection with the sale or advertising of services, or when those services are provided in more than one state or between the US and another country, and the service provider is involved in commerce as a result of those services.

A specimen is a tangible example of the mark in use in connection with the specified products or services as stated in the application. This is the part of a product or service that buyers encounter firsthand.

More specific recommendations from the USPTO are as follows:

Typically, a product specimen will showcase the mark either directly on the product, on any labels or tags attached to it, on the packaging, or even in a window display. You can't utilize promotional materials or documents used in your day-to-day operations (invoices, packing slips, etc.) as examples of the products you're selling. The following products sample are usually accepted by the USPTO:

A product shot that shows the mark in its natural habitat (like the base of a coffee cup)

Tags and labels on products that display the mark (such as a t-shirt label)

Marked product packaging (such as laundry detergent and soap containers)

Merchandise display signage (such as a picture of the display)

An online page that features the product, describes it, and includes information on how to buy it (for instance, a page that displays a picture of a laptop computer, the laptop's mark above the photo, the price below the photo, and a shopping cart button/link on the page).

For software that can be downloaded, we ask that you provide us with (1) screen captures of the instruction manual and any relevant information from the product's purchase or buying page, (3) launch screens that display the mark in an introduction message box that appears after opening the program, or (2) the actual program itself that displays the mark in the title bar

It is common practice to display the mark utilized in the sale, rendering, or advertising of services on a specimen. Your mark must be easily recognizable by consumers as belonging to the services you specified in your application. The following specimens are usually accepted for services by the USPTO:

Printed or online ads

Flyers, brochures, and

Dining establishment menus

Formal stationery and business cards

Advertising and publicity documents

A shot of many billboards and company signs

A snapshot of a band playing live with some sort of name display (like a drum)

*Demonstrations of the relationship between the mark and the services must be provided by advertising, marketing, and promotional materials. For example, if your mark mentions the services directly, as ABC MEDICAL for a medical clinic, then the specimen would provide a sufficient direct association.

If an applicant is granted a Notice of Allowance for multiple classes, but decides not to pursue a registration for one or more of those classes, the applicant may simply disclaim the unwanted class when filing the Statement of Use. By disclaiming a class, the USPTO will generally treat the application as abandoned as to that class while proceeding with the class or classes still being pursued.

To understand this, let’s look at the common example of clothing. Many people file an Intent to Use under Class 25 for clothing and then list, shirts, pants and shoes. In this example, let’s say the applicant is selling shirts, but not pants or shoes. Just like with a class, any description of goods within a class not included in the Statement of Use generally will be permanently deleted from the trademark registration. The applicant will have to file a new trademark application to cover any of the items left off of the Statement of Use. While the USPTO may request a specimen showing the use for one type of good or service only within the class (for our example, a shirt), the applicant will have to state, subject to perjury, that it actually is using the mark for all of the goods listed on the Allegation of Use. Therefore, an applicant only selling some of the items within a class may want to file an extension or divide the application.