What if I received the Notice of Allowance but can't prove the use in commerce yet?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

When you receive the Notice of Allowance, you have six months from the issue date to submit the Statement of Use proving you are using your trademark in US commerce. You can ask for a six-month extension if you know you won't meet this deadline.

You can ask for an extension five times, giving you a total of 36 months to prove your trademark use in the US market.

If you can only prove the use in commerce for some of your classes, you can delete the rest from your application and keep your trademark rights for the ones you activelly use.

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