The blackout or “black period” for intent-to-use trademarks arises during the period between when the application is approved for publication and when the notice of allowance is issued. During this period, Applicants are not allowed to submit an amendment to allege use or a statement of use.
If you find yourself within this blackout period, you should wait to file a statement of use until after the notice of allowance has been issued. A statement of use or amendment to allege use filed during the blackout period will be rejected and the fee refunded to the Applicant.