File Statement of Use for Brand Protection

RECEIVING A NOTICE OF ALLOWANCE IS GOOD NEWS!

If you haven't started using your mark in commerce, our attorneys will help you file extension today.

Trademark Maintenance Subscription

An extension to file a Statement of Use (“Extension”) allows a trademark an additional six months to file their statement of Use. By requesting an extension, The USPTO will allow an applicant an additional 6 months to respond to a Notice of Allowance before the trademark is considered abandoned. You may file up to five extensions. You have six months from the date you receive a notice of allowance to file the statement of use, plus a maximum of 30 additional months from the five extensions. In total, you can protect your brand for up to three years from the date you receive a notice of allowance from the USPTO, allowing plenty of time to develop and market your brand while still offering trademark protection.

What is the deadline to Request an Extension or File a Statement of Use?

A Statement of Use is generally due within six months from when the USPTO issued the Notice of Allowance, or within six months of a previously granted extension. Generally, missing the deadline means the application will be considered “abandoned.” Future efforts to register the trademark will typically require the applicant to start all over including payment of new USPTO filing fees. Learn more about our Statement of Use filing services.

What are the Requirements for a Statement of Use Extension?

A $125/class government fee (paying to USPTO) is required.
Complete the trademark statement of use extension workflow on www.uslegalleague.com.

$ 379

class + gov fee

Prepared, managed, and filed by experienced licensed attorneys
Professional file statement of use extension for $379.00/class + government fee

Professional Statement of Use Extension Filing

Did you file an Intent to Use application and now need to show the USPTO you are using your mark? If you haven’t quite started using your mark in commerce yet, it’s OK. The USPTO allows up to five six-month extensions. Request your extension today to hold you place in line.

Describe

Complete a simple online questionnaire that will take a few minutes with helpful information.

File

Our experienced attorneys will prepare and file your statement of use extension with the US Patent and Trademark Office (USPTO).

Done!

Relax. Automated reminders keep you up to date. You can access your own secure on-line account with 24/7 access to all of your documents and deadlines.

Trademark Statement of Use Extension FAQs

Still have questions? Contact Us for real-time support.

What is an Extension to File a Statement of Use?

When do I need to file a Trademark Statement of Use Extension?

Applicants should consider filing a statement of use when they are seeking to protect their brand prior to goods and services being available for sale to the public. Many companies will begin developing or marketing brands prior to their release. For example,the Captain America: Civil War trademark application was filed in 2014 – two years before its theatrical release in 2016. Since a trademark cannot be registered until the products or services are available in commerce, many companies protect their brands as soon as development on a new brand begins by filing on an intent to use basis, and multiple extensions while they wait launch their products.

How much time does each extension grant?

Each statement of use extension grant the applicant an additional six months to file its statement of use.

How many Statement of Use Extension can I file?

You may file up to five extensions. You have six months from the date you receive a notice of allowance to file the statement of use, plus a maximum of 30 additional months from the five extensions. In total, you can protect your brand for up to three years from the date you receive a notice of allowance from the USPTO, allowing plenty of time to develop and market your brand while still offering trademark protection.

What happens when I use all five Statement of Use Extension?

After the 5th and final extension is filed, if you still are not selling any products or services featuring your trademark, the application will be considered abandoned. However, you can file a new trademark application if you still intend to use the brand in the future, effectively resetting the clock.

What is the cost to file a Statement of Use Extension?

The Government charges processing fees of $125 – $200 for each extension to file a statement of use. If you use an attorney to file, the attorney fees to prepare and file your statement of use will vary significantly based on the attorney’s hourly rate. We charge a fee of $379 per class per class for preparing and filing each Extension to File a Statement of use.

About Statement of Use Extension

Ryan Bethell is a Partner at the Ideas Law Firm, PLLC and a known World Trademark Review contributor. Ryan holds a degree in Economics from Stanford University, and MBA and Juris Doctor Degrees from the Sandra Day O’Conner College of Law and W. P. Carey School of Business, respectively.Ryan has an eclectic work experience, having worked as a brand manager, litigation associate, and operations officer. Prior to founding the Ideas Law Firm, Ryan was the Managing Attorney for LegalForce RAPC, a law firm that files thousands of trademarks each year.Ryan leverages his business and legal experience in advising his clients. He aims to understand the “big picture” of what matters to his clients’ businesses, and work collaboratively to craft profit-maximizing solutions.