Extension of Time to File a Statement of Use (USPTO trademark application)

If and when an intent-to-use (ITU or 1(b)) trademark application is approved by the examiner, next the application goes through the process of being published for opposition. See What Does Published for Opposition Mean? for more information about this period of time.

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-month periods for each extension are based solely on the issuance date of the NOA, and NOT from the filing date of any extension. Filing a new extension does not cut short any remaining time from the six months after the Notice of Allowance or cut short a previous extension. Failure to file an extension of time or an SOU results in the application going abandoned. Applications can be revived under certain conditions by payment of a fee.

NEED TO FILE A STATEMENT OF USE OR AN EXTENSION OF TIME?

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