As of November 16, 1989, an Applicant for federal registration of a trademark need not use the mark in commerce prior to filing an application. An Applicant can apply for federal registration as long as he has a bona fide, good faith intent-to-use the mark in commerce. This is called an intent-to-use application, also referred to as an ITU application.

Though an Applicant is permitted to file an intent-to-use application, the United States Patent and Trademark Office will not issue a federal trademark registration until the Applicant actually uses the mark in interstate commerce, as evidenced by the filing of a Statement of Use. The Statement must be accompanied by an appropriate specimen showing how the mark is used. The Statement of Use must be filed within six months of the date the USPTO issues the Notice of Allowance.

If the Applicant does not file the Statement of Use within the first six months, he can obtain a six-month extension of time to file the Statement. The USPTO will grant as many as five extensions of time to file the Statement of Use, although the Applicant must show good cause as to why the mark has not yet been used in commerce when filing the second-fifth requests for extension of time.

If you've received a Notice of Allowance from the USPTO and require assistance in filing a Statement of Use, or in filing a request for extension of time to file a Statement of Use:

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