Extension of Time to File a Statement of Use (USPTO trademark application)
If and when an intent-
After the publication period, if no party files an opposition or an extension of time to oppose, a Notice of Allowance (NOA) is issued. An applicant has six (6) months from the issue date of the Notice of Allowance (NOA) either to file a Statement of Use (SOU) or apply for an Extension of Time to file an SOU (an Extension Request).
An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs 6 more months of additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid to the USPTO with the Extension Request. You may file an Extension of Time ONLY after a Notice of Allowance for the application has been issued.
An applicant may continue to file Extensions of Time or Extension Requests every six (6) months for up to a total of five (5) extensions of time. You must use the mark in commerce and file an SOU within three years (36 months) of the NOA issuance date to avoid having the trademark application go abandoned. For more information, see TMEP Section 1108.01.
The six-
NEED TO FILE A STATEMENT OF USE OR AN EXTENSION OF TIME?
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