The Notice of Allowance is a very important milestone for a trademark application that was filed under Section 1(b) (intent to use). The Notice of Allowance essentially indicates that (1) the United States Patent and Trademark Office (USPTO) approved your application after examination, (2) your application was published for opposition, and (3) a third-party did not prevent the registration of your trademark. Although the Notice of Allowance brings you one step closer to the successful registration of your trademark, it’s critical that you understand what you need to do next in order to complete the registration process.
When is the Notice of Allowance Issued?
The Notice of Allowance is issued only after one of these events occurs:
- No trademark opposition or extension of time to oppose was filed during the 30-day publication period; or
- An extension of time to oppose was filed but it has since expired because no trademark opposition was filed; or
- A trademark opposition was filed but it didn’t result in the abandonment of your trademark application (either because the opposition was settled or because the opposition was decided in your favor by the Trademark Trial and Appeal Board)
What Should I Do After Receiving It?
You have six months from the Notice of Allowance date in which to file the Statement of Use, which may only be filed if your trademark is in use in commerce. If your trademark is not in use in commerce by the six month deadline, you can file a Request for an Extension of Time, which will buy you another six months in which to use your mark and to file the Statement of Use. You may file up to five extensions (six months each) before you must file the Statement of Use. After the Statement of Use is filed and accepted, the USPTO will grant your trademark registration. But, if you forget to file the Statement of Use or an Extension of Time, then your trademark application will go abandoned and you’ll have to begin the trademark registration process all over again unless you’re eligible to file a Petition to Revive (which will cost you even more time and money).
Have You Received a Notice of Allowance?
I’m experienced US trademark attorney Morris Turek. If you’ve received a Notice of Allowance and are still unsure about what you need to do next, please feel free to contact me for a no-cost consultation. I may be reached via email at morris@yourtrademarkattorney.com, by phone at (314) 749-4059, or by filling out the contact form located below. I look forward to speaking with you soon.