What is Notice of Allowance?
A Notice of Allowance is good news. The trademark office has reviewed your application and has found no issue that will prevent your mark from registering.
However, the mark will not register until you show proof that you are using your trademark in commerce by filing a Statement of Use. There is a 6 month deadline to respond to the Notice of Allowance with either a Statement of Use or an extension of time to file a Statement of Use.
What is a Statement of Use?
A Statement of Use is a declaration filed by the trademark owner stating that a trademark is being used on the goods and services described in the application, supported by actual evidence. Once hired, a Markavo attorney will review your evidence of use and advise you on how to proceed.
What do I need to show “use in commerce”?
For goods, “use in commerce” means that physical products have been sold to U.S. consumers and that the goods display the trademark applied for. For example, if your trademark covers “cell phone cases,” the cases have been sold in the U.S. and the cases or their packaging display the trademark you applied to protect before you can file a Statement of Use.
For services, “use in commerce” means that you have advertised your services using the trademark AND you have had U.S. clients hire you for the services described in your trademark application. Merely advertising your services, but having no clients, is not enough. You need to advertise using your trademark and have secured new clients from those advertisement before you can file a Statement of Use.
What are Markavo’s legal fees to file a Statement of Use or a Six Month Extension of Time to File a Statement of Use?
We charge $125 in legal fees to file the Statement of Use or to file a Six Month Extension of Time to File a Statement of Use.
What are the government filing fees to file a Statement of Use?
The government charges $100 per class to file a Statement of Use.
What are the government filing fees to file a Six Month Extension of Time to File a Statement of Use?
The government charges $125 per class to file a Six Month Extension of Time to File a Statement of Use.
What happens if I am not using the trademark in commerce yet?
You will need to file a Six Month Extension of Time to file a Statement of Use. During that 6 months you should take the steps necessary to show use in commerce or be prepared to file another 6 month extension in the future.
How many extensions of time can I file?
You can make up to five Requests for an Extension of Time, but you have to pay a filing fee of $150 per class and our $125 legal fee for each one.
What happens if I fail to file on time?
If you miss a deadline, your trademark application will be considered abandoned. After issuing a Notice of Abandonment, the trademark office will allow you one last chance to revive your application by filing a special petition and paying late fees, provided they receive it within two months of the Notice of Abandonment.
How soon with the trademark register after I file a Statement of Use?
In most cases, a trademark will register within 3-5 months after the date the Statement of Use is filed. Note that once the trademark registers, your Federal trademark rights date back to the day the application was filed, not the date the Statement of Use was filed. So even if it takes several years before you can show use in commerce, you are protected from the date your trademark application was filed.
How do I hire Markavo to file a Statement of Use or a 6 month extension of time to file a Statement of Use?
To have Markavo file a Statement of Use or a 6 month extension of time you start the project by paying the legal fee here: https://www.markavo.com/checkout/statement-of-use
Several moments after payment clears, you will be emailed an intake form where you will give us additional information about your trademark.
Right before your attorney files the documents with the USPTO, you will be charged the government filing fees to the payment method we have on file.