If you filed your trademark application under Section 1(b) (intent to use), the United States Patent and Trademark Office (USPTO) will issue the Notice of Allowance once the 30-day trademark opposition period has expired. You then have six months to show the USPTO that your trademark is in use in commerce in connection with all of the products and/or services listed in your trademark application. If you’re unable to make use of your trademark within those six months, you may file a Request for an Extension of Time.
Why Would I File an Extension of Time?
A Request for an Extension of Time is basically a sworn statement that you still have a bona fide intention to use your trademark in commerce, but that you require more time to put your trademark in use. The Extension of Time buys you an additional six months in which to make use of your trademark and to file the Statement of Use. Once you file the Statement of Use and it’s accepted by the USPTO, the Certificate of Registration will be issued within a few months.
How Many Extensions Can I File?
You may request up to five Extensions of Time before you must file the Statement of Use. In each Request, you have to swear that you continue to have a bona fide intention to use your trademark in connection with all of the products and/or services recited in your trademark application. In the alternative, you may delete the specific products/services from your application for which you no longer have such intention and limit your Request to only the remaining products/services. Furthermore, in every Request after the first one, you’re required to generally inform the USPTO of what efforts you’ve made over the previous six months to use your trademark in commerce (e.g. product research and development, promotional activities, etc.).
In the vast majority of cases, the USPTO automatically grants a Request for an Extension of Time so long as you meet all of the formal requirements and pay the government filing fees. As with most USPTO filings, it’s critical that the Extension of Time be properly prepared and timely filed in order to ensure that your trademark application doesn’t go abandoned.
Questions About Filing an Extension of Time?
I’m experienced US trademark attorney Morris Turek. If you have any questions about the purpose of filing a Request for an Extension of Time, or need the assistance of a trademark attorney to prepare and submit a Request for an Extension of Time, I would be happy to speak with you at absolutely no cost. I may be reached direct at (314) 749-4059, by email (firstname.lastname@example.org), or through my contact form (below). I look forward to hearing from you soon.