T.M.E.P. § 1109.04
Time for Filing Statement of Use

Executive summary:

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1109.04 Time for Filing Statement of Use

The statement of use must be filed within six months after the mailing date of the notice of allowance or within a previously granted extension of time for filing the statement of use. See TMEP §§1108 et seq. regarding extension requests.

Under 37 C.F.R. 2.195(a)(2), a statement of use filed through TEAS is considered to have been filed on the date the Office receives the transmission (Eastern Standard Time), regardless of whether that date is a Saturday, Sunday, or federal holiday within the District of Columbia. When a statement of use is filed through TEAS, the Office immediately issues a confirmation of filing via e-mail that includes the date of receipt and a summary of the submission. This confirmation is evidence of filing should any question arise as to the filing date. See TMEP §301 for more information about electronic filing.

A statement of use filed on paper is considered timely if it is mailed or transmitted by the due date with a certificate of mailing or facsimile transmission in accordance with 37 C.F.R. 2.197. See TMEP §§305.02 and 306.05 for certificate of mailing and certificate of facsimile transmission procedures to avoid lateness.

Any statement of use filed after the examining attorney approves the mark for publication but before the notice of allowance is mailed is untimely and will not be considered. The Office will refund the filing fee for the untimely statement of use. 37 C.F.R. §§2.76(a) and 2.88(a); TMEP §1104.03(c).

If the applicant does not timely file a statement of use within six months after the mailing date of the notice of allowance (or before the expiration of a previously granted extension of time to file the statement of use), the application is abandoned. 15 U.S.C. 1051(d)(4); 37 C.F.R. 2.88(h). If the failure to timely file a statement of use is unintentional, the applicant may file a petition to revive under 37 C.F.R. 2.66. See TMEP §§1714 et seq.

If a paper captioned as a "statement of use" is filed before the examining attorney approves the mark for publication, the Office will process it as an amendment to allege use. See TMEP §§1104 et seq. regarding amendments to allege use.