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Submitting a Statement of Use

For trademarks filed based on intent to use, the applicant is required to submit a Statement of Use (SOU) within six months of receiving the Notice of Allowance from the USPTO. The filing fee for the SOU is $100.

If the trademark has not yet been used in U.S. commerce, the applicant may request an extension to submit the Statement of Use. Up to five extensions are permitted, each granting an additional six months, allowing for a maximum extension of up to three years from the date of the Notice of Allowance. The fee for each extension request is $150.

It’s important to note that between the fifth and sixth year following trademark registration, as well as during the renewal period, the registrant must again submit a Statement of Use, accompanied by updated specimens that demonstrate the trademark’s continued use in commerce.

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