USPTO STATUS 606

An intent-to-use application lapsed because proof of use was never filed

Official wording: Abandoned - No Statement of Use Filed.

You received a Notice of Allowance, the window for proving use in commerce ran out, and no Statement of Use or extension arrived. The mark was approved on the merits - it died on paperwork, which is the frustrating part and also the recoverable part.

A deadline may be running. Confirm the date on your own record before you do anything else.

This is not a refusal

Nobody decided your mark was unregistrable. It cleared examination and cleared publication. What ran out was time: an intent-to-use application has to be backed by actual commercial use before it can register, and the USPTO stops waiting after a fixed period.

You had up to thirty-six months, in six-month pieces

A Statement of Use is due within six months of the Notice of Allowance. Extensions are granted in six-month increments, and the total period cannot run beyond thirty-six months from the issue date of the notice. Each extension is a separate filing with its own fee, and each one has to be filed before the previous period expires - a lapsed extension cannot be back-filled.

Revival has a two-month window

If the delay was unintentional, a petition to revive under 37 CFR 2.66 must be filed within two months of the issue date of the notice of abandonment. It needs the petition fee, a signed statement from somebody with firsthand knowledge that the delay was unintentional, and the filing that was missed. Read the notice in TSDR for the date it issued; that date, not the day you found out, starts the window.

The honest question before you revive

A petition only buys you the right to file the Statement of Use. If you are still not using the mark in commerce on the goods and services you claimed, reviving solves nothing and the application will lapse again. Filing a Statement of Use for goods you are not actually selling is a far worse problem than a lapsed application, because it goes to the validity of any registration you do get.

Refiling keeps the option open

If the window has closed, or use is still a way off, a fresh intent-to-use application restarts the clock. You lose the original filing date and whatever priority it held against anyone who filed in the meantime, which is the real cost. Nothing stops you refiling the same mark.

Confirm this against your own record

Status code descriptions are administered inside USPTO systems and published wording varies slightly between sources. Your file is the authority. Enter your serial number in TSDR to see your current status, every document filed, and any live deadline.

Open TSDR
Talk To Us About Reviving Or RefilingAll status codes

Looking this up for a client rather than for your own mark? We keep a network of licensed attorneys who review the cases that come through us. It is case-by-case paid work and a free listing — never a referral fee or a cut of anything.

OTHER CODES

What comes before and after

Before you go

See where your name is already taken

Reading about trademarks is useful. Knowing who already uses your name is better, and it costs nothing.

What you get

  • Live domain registrations, every common ending
  • Public social handles across the major platforms
  • A written report that says plainly what it does not cover
  • No card
  • No account needed
  • Domains checkedThe .com and the near misses
  • Handles checkedSame name, every platform
  • Written reportYours to keep either way
  • About a minuteNo card, no obligation