What should I do if I am not ready to file a Statement of Use?

If you are not ready to file a Statement of Use (SOU), you have the option to file an Extension of Time to File a Statement of Use (ETU). An ETU can be filed up to five times, with each extension lasting six months.

An ETU should be filed before the six-month deadline for the Statement of Use expires. The deadline is strict, and the United States Patent and Trademark Office (USPTO) does not grant extensions of time after the deadline has passed. If the deadline for the SOU is not met, the trademark application will become abandoned, and the trademark registration process will end.

In order to file an ETU, you must demonstrate that you have a bona fide intention to use the trademark in commerce. This means that you must have a genuine plan to use the trademark in the near future, and that the use of the trademark is not merely speculative.

Before filing an ETU, it is important to consider whether you will be able to use the trademark in commerce within the next six-month extension period. If you are unsure whether you will be able to use the trademark in commerce within the next six months, it may be a better option to abandon the trademark application and reapply in the future when you are ready to use the trademark in commerce.In conclusion, if you are not ready to file a Statement of Use, you can file an Extension of Time to File a Statement of Use. However, you must demonstrate that you have a bona fide intention to use the trademark in commerce, and you should consider whether you will be able to use the trademark in commerce within the next six months before filing an ETU.