Trademark Application Allowed: Statement of Use to Examiner
U.S. Federal Trademark Application Notice of Allowance - Statement of Use Filed - Sent to Examiner
STATEMENT OF USE - FILED - SENT TO EXAMINER; trademark allowed; statement of use filed; notice of allowance; office action refusal; refusal of statement of use; published for opposition; statement of use due; extension of time to file statement of use; extension due; sou due; extend sou; trademark approved; trademark published; published for opposition; trademark refusal withdrawn; approved trademark; trademark approval; federal trademark application; federal trademark registration; statement of use; trademark statement of use refused; statement of use to examiner
You filed a federal trademark application. The application may have gone through various refusals that you overcame; or your application may have sailed through smoothly without any objections. Either way, the good news is that your trademark is has been published and not opposed. The trademark is ready to register, however, the mark is not yet in use. Before the registration can issue, you must put the mark into use in U.S. commerce and state use, filed together with a fee.
Your application has been allowed. Allowance is only for trademark applications based on intent to use. Applications based on actual use move from publication to registration. Applications based on intent to use do not move to registration until a statement of use is filed. The statement of use must be filed within 6 months of the notice of allowance. However, if the applicant is not prepared to state use (for example, the product or service has not yet launched and is not yet in use), then the applicant may file up to five (5) extensions of six (6) months each, extending the time to file the statement of use. Each extension filing requires a fee, and must be done prior to the deadline, or the trademark application will go abandoned. Missing the date to file the statement of use, or not filing an extension of time to file the statement of use results in abandonment.
You have now filed a statement of use, alleging that you have used the mark. If accepted, the application will proceed to registration. The statement of use may have been defective, and has been sent to the original Examining Attorney for review and possible response. Wait for the USPTO to send you a communication.
For USPTO forms go here:
Remember that you must use each good or service listed when you state use. If you want to state use, but are not using all goods listed in your application, then delete the goods you don't use when you file the statement of use. Or file an extension so that you have an additional 6 months to state use. You can file up to 5 extensions of 6 months each.