RECEIVING A NOTICE OF ALLOWANCE IS GOOD NEWS!
If you haven't started using your mark in commerce, our attorneys will help you file extension today.
What is the Statement of Use Extension?
What is the deadline to Request an Extension or File a Statement of Use?
What are the Requirements for a Statement of Use Extension?
- A $125/class government fee (paying to USPTO) is required.
- Complete the trademark statement of use extension workflow on www.lawintegral.com.
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Professional Statement of Use Extension Filing
Did you file an Intent to Use application and now need to show the USPTO you are using your mark? If you haven't quite started using your mark in commerce yet, it’s OK. The USPTO allows up to five six-month extensions. Request your extension today to hold you place in line.
Trademark Statement of Use Extension FAQs
An extension to file a Statement of Use (“Extension”) allows a trademark an additional six months to file their statement of Use. By requesting an extension, The USPTO will allow an applicant an additional 6 months to respond to a Notice of Allowance before the trademark is considered abandoned.
Applicants should consider filing a statement of use when they are seeking to protect their brand prior to goods and services being available for sale to the public. Many companies will begin developing or marketing brands prior to their release. For example,the Captain America: Civil War trademark application was filed in 2014 – two years before its theatrical release in 2016. Since a trademark cannot be registered until the products or services are available in commerce, many companies protect their brands as soon as development on a new brand begins by filing on an intent to use basis, and multiple extensions while they wait launch their products.
Each statement of use extension grant the applicant an additional six months to file its statement of use.
You may file up to five extensions. You have six months from the date you receive a notice of allowance to file the statement of use, plus a maximum of 30 additional months from the five extensions. In total, you can protect your brand for up to three years from the date you receive a notice of allowance from the USPTO, allowing plenty of time to develop and market your brand while still offering trademark protection.
After the 5th and final extension is filed, if you still are not selling any products or services featuring your trademark, the application will be considered abandoned. However, you can file a new trademark application if you still intend to use the brand in the future, effectively resetting the clock.
The Government charges processing fees of $125 – $200 for each extension to file a statement of use. If you use an attorney to file, the attorney fees to prepare and file your statement of use will vary significantly based on the attorney’s hourly rate.
We charge a fee of $379 per class per class for preparing and filing each Extension to File a Statement of use.