If your trademark was filed as an “Intent to Use” mark (the mark was not yet in use), you will have to file a Statement of Use once you start using the mark, or when the mark is granted provisional approval by the USPTO, whichever occurs first. If the mark passes approval, the USPTO Examiner will issue a Notice of Allowance for your application.
The Statement of Use informs the USPTO that you are now actively using your trademark in commerce and your Intent to Use (ITU) application should be allowed full registration. We must also submit a specimen showing actual use of the mark in commerce on the goods or services specified in the ITU application. Once filed, your mark will proceed to registration and you will receive a Certificate of Registration 2-3 months later.
Intent to Use trademark applications provide the benefit of any earlier filing date if you are not yet using your mark when the application is filed. However, ITU applications do incur additional fees. Our legal fee to prepare and file the Statement of Use is $175 and the USPTO filing fee is $100 per class. If you are not yet using the mark and need more time, we can file a Request for Extension of Time. The legal fee for an Extension is $175 plus the USPTO filing fee of $125 per class.
Failure to file a timely Statement of Use, or Request an Extension of Time will result in significant late filing penalties, or abandonment of your ITU application.
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