A lot of applicants ask: Is it possible to get an extension in order to file the Statement of Use at a later time?
The answer is yes.
So, let’s say you applied for a trademark under a 1(b) intent to use basis, and you received a Notice of Allowance.
The good news?
The Notice of Allowance means that your trademark was published by the USPTO and it survived the opposition period.
The bad news?
You won’t have a registered trademark until you successfully provide a Statement of Use.
As a reminder, when you apply under a 1(b) basis, you have a truthful intent to use your trademark with your goods and services. But, now you have to show that you are, in fact, using the trademark in commerce with your goods and services. You do this by providing a Statement of Use, which is evidence or proof of using your trademark with your goods and services. You can review the SPECIMEN video in the Trademarks Classroom for how to submit acceptable proof.
Now, you have 6 months from the issue date of the Notice of Allowance to file the Statement of Use.
Or, if you need more time than the six month-deadline, you need to file for an Extension.
An Extension Request is a sworn statement that you still have a truthful intent to use your trademark in commerce, but you need additional time.
You can continue filing Extension Requests every six months for up to a total of five extensions.
