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Trademark Extensions


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Need to file? If you have filed a Trademark Extensions Application on a 1(b) intent-to-use basis and need to extend it, give us a call for a free phone consultation.


About Trademark Extensions

Trademark ExtensionsIf your trademark application was initially filed on a 1(b) intent-to-use basis, a Statement of Use must be filed within 6 months. This is after a Notice of Allowance has been issued by the USPTO before the USPTO will register your trademark.



Extensions and Statement of Use

Naturally, if your trademark is still not currently in use at the end of the 6-month time frame issued by the USPTO, the application may be extended. The next step, is to file one’s Statement of Use that give the applicant an additional 6 months to put their trademark in use in U.S. commerce.


Application Extension Timeline and Process

More importantly, this is required to meet the USPTO’s eligibility requirements. An applicant may extend their application up to 5 times in 6-month increments, if necessary.


Extension Requests

You may continue to file 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. For more information, see TMEP Section 1108.01.


Notice of Allowance (or any subsequent six-month extension period)

Note: The six-month periods are based solely on the issuance date of the NOA, and NOT from the filing date of any extension; i.e., 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.


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.