STATEMENT OF USE EXTENSIONS
Filed a trademark application under intent-to-use, and need additional time actually to use your mark in commerce and/or file a Statement of Use? We help our clients get more time to use their mark in commerce and/or file a Statement of Use.
About Statement Of Use Extensions
If your trademark application was initially filed on a 1(b) intent-to-use basis before you made any sales of your products or services in the marketplace, you will eventually need to show use of the mark on the goods or services identified in your application before your mark can be registered. This means that you must eventually submit evidence of use of your trademark by filing a Statement of Use. To be considered timely, a Statement of Use must be filed within six months of the issuance date of the Notice of Allowance (NOA).
Extension To File A Statement of Use
Naturally, if you fail to file your Statement of Use by the end of the six (6) month period following the issuance date of the Notice of Allowance or your trademark is still not currently in use at the end of the 6-month period. you should seek an extension to file a Statement of Use. An extension will give you an additional six (6) months to use your mark in commerce and/or file a Statement of Use.
Multiple Extension Requests Can Be Made
You may continue to file Extension Requests every six (6) months for up to a total of five (5) extensions of time. You must eventually use the mark in commerce and file a Statement of Use within three years (36 months) of the Notice of Allowance issuance date. For more information, see TMEP Section 1108.01.
Six-month Extension Periods Are Calculated From The Issuance Date Of The Notice Of Allowance
The six-month extension periods are calculated from the issuance date of the Notice of Allowance, and NOT from the filing date of any previous extension request. Thus, the six-month period following issuance of the Notice of Allowance (or any subsequent six-month extension period) will not be cut short by the grant of an extension.
Requirements For An Extension of time to file a Statement of Use
A request for an extension of time to file a Statement of Use must include a verified statement of bona fide intent to use the trademark in commerce along with a USPTO filing fee. Any subsequent request for extension must include a showing of good cause. Showing good cause can include any of the following: manufacturing, research and development, promotion and marketing, or requests for government approvals and/or licenses. If you have any questions about our Statement of Use Extension Services or Pricing, fill out the Contact Form below and one of our attorneys will promptly contact you.