Trademarks 103-19: I received a “Notice of Allowance” from USPTO, but now I need a Statement of Use?

If you received a “Notice of Allowance” from the USPTO, congratulations!

What this means is that the USPTO has published your trademark, AND your trademark survived the “opposition period” when other companies can object to your trademark.  This is a big accomplishment!

But, applicants that apply under an intent-to-use 1(b) basis, which means that they were not yet selling or providing their goods and services with the trademark when they submitted their applications, are not quite done with their applications!

Here is what you now need to do:

First, you now need to file what is called a “Statement of Use”.

This is a word that simply means you are providing proof - in the form of what is called a “specimen” - that you are actually selling goods or providing services with your trademark in business.  

In other words, the USPTO needs proof now that you’re actually using your goods or services in commerce, and no longer simply intend to use your goods and services in commerce at a later date.

Second, you are on a strict deadline to provide the “Statement of Use.”  

Unless you request an extension, you need to submit the “Statement of Use” within six months from when you received the “Notice of Allowance”.  Do not procrastinate this step, or you risk the abandonment of your application.

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