After a Notice of Allowance
A Section 1(b) applicant generally has six months from the Notice of Allowance to file a Statement of Use or a timely extension request. Up to five six-month extensions may be available if statutory requirements remain satisfied. The USPTO notice and TSDR record control the deadline.
Evidence and deletions
Use must be lawful and in U.S. commerce for the identified goods or services. Submit a specimen that directly associates the mark with those goods or services, including webpage URL and access date when applicable. Delete unsupported items rather than making an overbroad declaration.
Registration maintenance
- Section 8 filings generally fall between years five and six.
- An optional Section 15 incontestability declaration has separate requirements and does not cure an invalid registration.
- Combined Sections 8 and 9 maintenance generally falls between years nine and ten, and every ten years thereafter.
- Grace periods and surcharge rules exist, but the registration record should be checked before relying on them.
Frequently asked questions
Can token sales support a Statement of Use?
Use must be bona fide in the ordinary course of trade, not merely to reserve rights. The facts and specimen should be reviewed together.
Should unused goods stay in a renewal?
No. Unsupported goods or services should generally be deleted unless a legally sufficient excusable-nonuse claim applies.