When registering a federal trademark through a intent to use application, part of the requirement in the process is to file a statement of use of the trademark in commerce, six months after receiving a notice of allowance on the trademark. This is a strict deadline that must be met and on or before the six month deadline, either the statement of use must be filed or a request for an extension to file must be made to the examining attorney. The purpose of the statement of use is to prove that you are using the trademark in interstate commerce.

The requirements to file a petition to revive a abandoned application for failure to timely file the statement of use or request an extension are:

  • the petition fee required by the USPTO,
  • a statement, signed by an individual with firsthand knowledge of the facts, that the delay in filing the statement of use, or an extension request, on or before the deadline date was unintentional,
  • a complete statement of use, or a complete request for an extension to file the statement of use, and
  • any fees associated with the requests for extensions of time to file the statement of use.