HOW MARKAVO® WORKS
Show Use in Commerce in 3 Easy Steps
Markavo® attorneys have represented a wide variety of businesses - from Amazon sellers, clothing designers, restaurants, professional service providers, and everything in between.
Gather your information
We will need your trademark application serial number. If you believe you are using your trademark, evidence of its use.
Place an order
Pay online with credit or debit card. Within minutes we will automatically follow up to collect a few basic details about your project.
Pass it to us
Once we receive your information, a trademark attorney, not a paralegal, manages your case and files your paperwork.
Simple no-tricks pricing
We will file a Statement of Use or a 6 Month Extension of Time for the same price.
Respond to Your Notice of Allowance
An attorney will review your current use of your trademark and file the appropriate documents.
- Review of Use in Commerce
- Attorney Advice on Next Steps
- Docketing of Future Due Dates
- Prepare and file with USPTO
Extension or Statement of Use
Trusted by clients in over 20 countries around the globe
Collectively, Markavo® attorneys have unparalleled trademark experience and great reviews.
- Years Experience
- Customer Approval
- Trademarks Managed
frequently asked questions
Frequently asked questions
What a Statement of Use is, when an extension of time should be filed, and how much this will cost.
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 the government filing fees to file a Statement of Use?
The government charge $100 per class to file a Statement of Use.
What happens if I am not using the the trademark in commerce yet?
You will need to file a 6 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 happened 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.
Register your trademarks. Stress free.
Trademark applicants represented by attorneys are 50% more likely to successfully register than those who go it alone.Get Started Now