What could be a consequence of failing to timely file a Statement of Use?

Failing to timely file a Statement of Use can lead to significant consequences for a trademark application. The primary outcome is that the application is at risk of being abandoned.

When a trademark application is filed based on an intent to use the mark in commerce, the applicant is granted a specific timeframe to begin using the mark and to submit the Statement of Use. This statement serves as proof that the mark is being used in commerce, which is a requirement for the final registration of the trademark. If the Statement of Use is not filed within the allotted time, the USPTO may consider the application abandoned, meaning the applicant will lose their rights to the trademark unless they can successfully petition to revive the application under certain conditions.

In contrast, options that suggest the trademark will be permanently registered, eligibility for a fee waiver, or automatic denial of a renewal are not accurate outcomes of failing to file a Statement of Use. Abandonment of the application is a direct consequence, making it crucial for applicants to adhere to the submission timelines to protect their trademark rights.