If you filed your trademark based on the intent-to-use basis in the US, then there would be one extra step after your trademark application gets allowed and before it gets registered. You must submit a Statement of Use showing the Trademarks Office that you're now selling your products or offering your services in the US.
This statement needs to follow specific guidelines. You'll need to provide evidence such as photos of your products, screenshots from your website, tags, receipts, or other relevant materials. Along with this, you must pay a government fee of $100 per class of goods or services.
If you filed your trademark through Trademark Factory, we will notify you when your Statement of Use deadline approaches and assist you in completing the filing process.
If you used another service to file your trademark and now need help with the Statement of Use, we can assist as long as you have evidence of you selling your products or offering your services in the U.S.
If you are not selling your products or services yet, you may request an extension of time from the USPTO. One extension buys you an extra six months, and you can request up to five extensions, providing you roughly three years from the allowance of your trademark to begin using it in the US marketplace.
Important info about statement of use filing:
- To file for a statement of use, you absolutely have to be actively selling your products or services in the US.
- You will have six months after the USPTO issues a Notice of Allowance to file a Statement of Use. If you are not yet using your trademark by then, you may request a six-month extension.
- You can request a six-month extension to file your Statement of Use up to five times.
- Once you file a Statement of Use, you can't submit additional evidence that pertains to use that occurred after the original filing. If your filing is deemed insufficient and you can’t prove that you were actually using your trademark on the date indicated in your original Statement of Use, you will need to start the application process again.
- If you miss a deadline, you have two months to revive your application for a fee. After this period, the application will be permanently closed.