Call Us Now! (845) 417-7817
When pursuing federal trademark registration, the process doesn’t end with submitting your initial application. For many applicants, the next important step comes after their mark receives a Notice of Allowance from the United States Patent and Trademark Office (USPTO).
To move the registration forward, you’ll need to file a Statement of Use or request an extension.
At TopShelf Trademarks, we help business owners, creators, and entrepreneurs navigate this essential stage of the trademark process.
Our attorneys handle every detail of the Statement of Use and related filings, ensure compliance with USPTO regulations, proper evidence submission, and timely filing to protect your intellectual property rights.
A Statement of Use is a legal document filed with the USPTO proving that your trademark is actively being used in commerce. In essence, it demonstrates that your brand is no longer just a concept, but part of real-world trade or marketing activity connected to the goods or services listed in your trademark application.
Under U.S. trademark law, federal registration is granted only to marks that are used in commerce or have a clear intent to be used. Applicants who originally filed on an intent-to-use basis must file a Statement of Use before the USPTO will issue a Certificate of Registration.
A properly filed Trademark Statement of Use filing includes:
TopShelf Trademarks will ensure that everything that’s needed for the statement is included and prepared correctly.
After the USPTO issues a Notice of Allowance, you have six months to file your Statement of Use. If you’re not ready to show use in commerce yet, you may request an extension. Each extension grants an additional six months, and the USPTO allows up to five such extensions (a total of 36 months from the Notice of Allowance date).
Timing is critical. Failing to file either a Statement of Use or an extension request before your deadline can result in the abandonment of your application. Our trademark attorney tracks these important deadlines to ensure your trademark journey never loses momentum.
Filing your Statement of Use correctly ensures that your trademark application advances to registration. It confirms to the USPTO that your mark is legitimately functioning in commerce, which grants you the full rights and legal protections available under federal law.
A properly prepared Trademark Statement of Use filing protects your investment by:
Many applications fail due to minor errors in this step. Some of the most common errors include incorrect specimens, missed deadlines, or incomplete declarations. Having experienced legal guidance ensures your submission fully meets USPTO requirements the first time.
Our firm takes a detail-oriented approach to every Statement of Use filing, guiding you from preparation to completion. Here’s how the process typically unfolds:
Once your mark clears the publication and opposition period, the USPTO will issue a Notice of Allowance. This notice signals that your application is approved, pending proof of use.
A specimen is a critical part of your Statement of Use. It visually represents how your trademark appears in the marketplace. Acceptable specimens vary depending on whether your trademark covers goods or services: o For goods: product packaging, labels, hangtags, or product images showing the mark in use. o For services: marketing materials, brochures, business cards, or website printouts showing the mark in connection with advertising the service.
Our attorneys will evaluate your materials to ensure they comply with USPTO standards and clearly show the mark used in commerce.
This step involves submitting a verified statement affirming that your mark is now used in commerce associated with each class listed in your application. It must be signed by the applicant or a properly authorized representative.
We prepare and electronically submit your Trademark Statement of Use filing to the USPTO, carefully reviewing for completeness and accuracy. From there, we monitor your application’s progress, respond promptly to any Office Actions, and confirm final registration issuance.
Filing without professional legal help often leads to costly delays. The most frequent issues include:
Our trademark attorney helps you avoid these pitfalls by handling the entire process on your behalf, ensuring accuracy and compliance.
If your business hasn’t yet started selling products or providing services under your trademark, that’s okay. The USPTO allows you to file up to five six-month extensions after the Notice of Allowance is issued. Each extension requires a showing of continued intent to use the mark in commerce.
Our firm handles every part of this process—including preparing and filing extension requests, documenting intent to use, and maintaining consistent communication with the USPTO to keep your application alive.
Proactive management of these extensions helps ensure that when your business is ready, your trademark registration can move forward without issue.
The Trademark Statement of Use filing is just one of several important post-allowance submissions you may need throughout the life of your trademark. Our firm also prepares and manages filings that help preserve and strengthen your registration:
We manage every detail to maintain your registration’s validity, ensuring your trademark remains enforceable and protected long-term.
Trademark law can be intricate, but our team combines experience, precision, and personalized service to make the process seamless. Whether you’re filing a new Statement of Use or responding to a USPTO inquiry, we guide you through every step.
When you work with us, you can expect:
Our trademark attorney ensures that every Statement of Use submission reflects your mark’s legitimate use in commerce and fully complies with USPTO rules, avoiding costly rejections and keeping your registration on track.
While the USPTO allows applicants to file on their own, most business owners find the process challenging without experienced legal guidance. Trademark examiners apply strict scrutiny to specimens and usage claims. Even small oversights can derail registration.
Attorney involvement provides:
With our help, you can focus on growing your brand while we handle the technical and procedural aspects of your trademark protection.
Once your Statement of Use filing is accepted and registration is complete, it’s essential to monitor and maintain your mark to protect your rights. Trademark rights continue only as long as the mark is actively used and properly renewed.
Our ongoing trademark monitoring services help safeguard your investment. We track potential infringing uses, send cease-and-desist letters when necessary, and manage your renewal deadlines so you never fall out of compliance. Your brand represents your reputation and business identity—our goal is to defend it as diligently as we would our own.
A strong, accurate Statement of Use serves as proof that your brand is real, active, and valuable in the market. It can support future enforcement actions, licensing agreements, and even corporate acquisitions. Properly documenting your mark’s use can also deter challenges from competitors and strengthen your legal footing in disputes.
By ensuring your Trademark Statement of Use filing is complete and compliant, our firm positions your trademark for long-term success and protection under federal law.
If you’ve received a Notice of Allowance from the USPTO, the clock is ticking. Whether you’re ready to show use or need to extend your filing period, TopShelf Trademarks’ attorney can help determine the best course of action. We’ll evaluate your current stage of use, prepare your evidence, and handle every aspect of the filing process to ensure your trademark moves smoothly toward full registration.
Contact TopShelf Trademarks today to schedule a consultation and learn how we can manage your Statement of Use and other trademark filings with precision and care. Your brand deserves protection—let us help you secure it. Call us today at (845) 417-7817 or contact us online.