If a NOA has already issued, you establish use by filing a Statement of Use (SOU) form that contains a sworn statement that you are now using the mark in commerce on all the goods/ services. If you wish to file an SOU before the mark is in use in commerce on all listed goods/ services, you must delete or divide out the goods/services for which the mark is not in use. For more on division of an application, please see TMEP Sections 1110 et seq
The SOU must also include:
- A filing fee per class of goods or services;
- The date of first use of the mark anywhere and the date of first use of the mark in commerce;
- One specimen (or example) showing how you use the mark in commerce for each class of goods/services.
Once the USPTO issues the NOA, you have 6 months to file the SOU. The 6-month period runs from the issue date shown on the NOA, not the date you receive it. If you have not used the mark in commerce, you must file a Request for an Extension of Time to File a Statement of Use (Extension Request) before the end of the 6-month period, or the application will be declared abandoned, meaning that the application process has ended and your mark will not register. You may request 5 additional extensions for up to a total of 36 months from the NOA issue date, with a statement of your ongoing efforts to make use of the mark in commerce. A filing fee per class of goods or services must accompany each Extension Request. The form for filing the Extension Request is at . The date of the grant or denial of an Extension Request does not affect the deadline for filing the SOU or next Extension Request. The deadline is always calculated from the issue date of the NOA.
For current fees, see the Trademark Fee Information page or contact the Trademark Assistance Center (TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199).