question.jpgIn Trademarks

What happens if I do not file a statement of use?

A statement of use must be filed within six months from when a notice of allowance is issued by the PTO, notifying an applicant that their federal trademark application has been granted. This six month period can be extended up to three years by the filing of extension requests. However, if a statement of use is not filed within the required time, the trademark application is considered abandoned, meaning it is no longer pending and cannot become a registration. At this time, the Patent and Trademark Office will issue a notice of abandonment, informing you that the application has been abandoned.

In the event that your delay in filing a statement of use was unintentional, you can file a petition to revive, seeking to have your application returned to an active status. This petition must be received by the PTO within two months of the mailing date of the notice of abandonment or it will be automatically denied.