An applicant is supposed to file an Extension Request to demonstrate that they still intend to use the mark in commerce, but need additional time to prove it. The Extension Request is a sworn statement and requires signature of the owner of the mark or person authorized to sign on behalf of the owner. If the Extension Request is granted, the applicant has six months to either file a Statement of Use or request for another extension.

Applicants should consider filing a Statement of Use Extension Request prior to using goods and/or services commercially. To protect the identity of their brands prior to their release, many companies apply for trademark registration as soon as development on their new brand begins, then continue to file multiple Extension Requests before they can actually submit the Statement of Use once their goods and/or services are available for sale to the public.

You can request up to five (5) extensions with a deadline of 6 months each. This means that intent-to-use basis applications have a maximum of 36 months (including the initial 6-month period) from the issuance date of their Notice of Allowance to file their Statement of Use. If you’ve exhausted all the extension periods without filing a Statement of Use, the USPTO will deem your application abandoned.

To view the mailing date of your Notice of Allowance, visit https://tsdr.uspto.gov/ and enter the USPTO serial number for your trademark.

If you do not file a Statement of Use or an Extension Request within 6 months of the issuance of your Notice of Allowance, the USPTO will abandon your application.