When must a Statement of Use be filed to avoid abandonment?

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To avoid abandonment, a Statement of Use must be filed within a specific timeframe after a notice of allowance is issued, which is typically six months. If the Statement of Use is not submitted within this six-month period, the application may be considered abandoned. The choice that indicates action must be taken within two months of receiving a notice of abandonment is valid within the context of addressing an application's status; however, it does not relate directly to the critical timeframe for filing a Statement of Use to prevent initial abandonment.

The proper understanding of this timeframe highlights that the correct period for filing a Statement of Use is indeed six months following the notice of allowance, with the option for an extension beyond that period under certain conditions. This is designed to ensure the applicant demonstrates the intent to use the mark in commerce, thus preventing a situation where the application is deemed abandoned without taking appropriate action.

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