Use these forms only if you have already filed the initial Trademark/Servicemark Application based on an intent-to-use the mark in commerce under Section 1(b).
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1. Statement of Use/Amendment to Allege Use for Intent-to-Use Application
Use this form only if you have already filed the initial Trademark/Servicemark Application based on an intent-to-use the mark in commerce under Section 1(b). Before we will register a mark based upon a bona fide intention to use the mark in commerce (i.e., the applicant has not actually used the mark yet in commerce, but can claim in good faith that it plans to do so later), the applicant must (1) use the mark in commerce; and (2) file an Allegation of Use (Statement of Use/Amendment to Allege Use). The Allegation of Use may only be filed before the examining attorney approves the mark for publication in the Official Gazette (i.e., before the status of the application in the USPTO's TSDR database changes to Approved for Publication); if filed at this time, the filing will be identified as an amendment to allege use; or on or after the mailing date of the Notice of Allowance (NOA) (i.e., a written notice sent to applicant after the mark is published and the 30-day opposition period expires, signifying that the mark could register after submission of an acceptable allegation of use that includes evidence that the mark has been properly used in commerce). If filed at this time, the filing will be identified as a “Statement of Use” (SOU). The SOU must be filed within the 6-month period after the mailing date of the NOA, or within a previously-granted extension period
Note: Please check TSDR to make sure that your application is in the proper status for submission of the Allegation of Use form. If your application status is already “Approved for Publication,” then you must wait until the status changes to “Notice of Allowance issued;” otherwise, you are in what is called the “blackout period,” during which submissions cannot be processed.
Warning: Unlike with an Amendment to Allege Use filed before an application has been approved for publication, the applicant may not withdraw a Statement of Use (SOU) filed after a Notice of Allowance has been issued if the SOU fails to meet the statutory requirements. 37 C.F.R. §2.88(g); TMEP 1109.17. However, the applicant may file one “insurance” extension request with the SOU, or afterwards, in the limited situation where time remains in the existing six-month period in which the SOU was filed. This would provide additional time to comply with the statutory requirements for filing the SOU. 37 C.F.R. §2.89(e)(1). See TMEP 1108.03 and 1109.16(c).
2. Request for Extension of Time to File a Statement of Use
Use this form as follows: You have six (6) months from the issue date of the Notice of Allowance (NOA) either to file a Statement of Use (SOU) or apply for an extension of time to file an SOU (an “Extension Request”). An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.
You may continue to file Extension Requests every six (6) months for up to a total of five (5) extensions of time. You must use the mark in commerce and file an SOU within three years (36 months) of the NOA issuance date. For more information, see TMEP Section 1108.01.
Note: The six-month periods are based solely on the issuance date of the NOA, and NOT from the filing date of any extension; i.e., the six-month period following issuance of the Notice of Allowance (or any subsequent six-month extension period) will not be cut short by the grant of an extension.
3. Response to Intent-to-Use (ITU)/Divisional Unit Office action
Use this form either to: (1) respond to an Office Action that the Intent-to-Use (ITU) unit has issued after a mark has been published; or (2) pay an additional fee after a telephone or e-mail communication from ITU. Do not use this form to respond to an Office Action issued by either a law office examining attorney or a Post-Registration examiner. Also, do not use this form to file a Statement of Use; instead, you must file the specific Allegation of Use form. If you have received an Office Action from ITU regarding your application, you must respond within thirty (30) days of the issuance date of the Office action or prior to the expiration of the statutory filing period, or your application will be abandoned. Please refer to the Office Action to determine the proper response period. You should respond to each point raised in the Office Action fully and completely.
Reminder: A request to divide that is being filed with an allegation of use may be done directly through the TEAS “Allegation of Use” form. Please check TSDR to make sure that your application is in the proper status for submission of the Allegation of Use form. If your application status is already Approved for Publication, then you must wait until the status changes to Notice of Allowance issued; otherwise, you are in what is called the blackout period, during which submissions cannot be processed.