Getting a Notice of Allowance from the USPTO is a big step. Many people avoid it with the thought that their trademark is fully registered now. But, even after getting it, you still need to prove you’re using the trademark in real business. If you’re not ready, that’s okay. A trademark filing extension can help you by giving you extra time to get everything in order without losing your spot in line. Missing the deadline can mean starting over and paying new fees, so acting early matters.
What Happens After Allowance
Once your application passes initial review, the USPTO sends a Notice of Allowance. From that point, you have six months to file a Statement of Use showing your mark is live in commerce. If you haven’t launched your product or service yet, you can request more time. This can be up to five extensions, each lasting six months.
- Deadline: 6 months from Notice of Allowance
- Up to 5 extensions allowed
- Each extension requires a fee and a formal request
- No use in commerce? File an extension before the clock runs out
When You Might Need Extra Time
Not every business moves at the same pace. Maybe your packaging isn’t ready, your website is still under construction, or supply chain delays pushed your launch date. For whatever reason, you can use a trademark filing extension. If you can’t show real-world use of your mark by the deadline, a trademark filing extension keeps your application alive.
- Product development is running behind schedule
- Waiting on manufacturing or inventory
- Brand launch delayed due to funding or logistics
- Testing the market before full rollout
How Extensions Work
Filing an extension is straightforward but must be done correctly. Submit a request to the USPTO before your current deadline ends, and pay the required fee. Also, make sure to confirm that you still plan to use the mark. Approval isn’t automatic, but as long as the paperwork is complete, extensions are routinely granted.
- Must file before the 6-month window closes
- USPTO charges $150 per class for each extension
- You need to show just the intent to use soon
- Keeps your original filing date intact
Risks of Missing the Deadline
If you let the deadline pass without filing a Statement of Use or extension, your application is considered abandoned. That means all your time, effort, and money up to that point are lost. To try again, you’d need a brand-new application and a new place in line behind others who filed later.
- Application marked “abandoned” by USPTO
- Original filing date no longer protected
- New fees for reapplying
- Competitors could register a similar mark in the gap
Splitting Your Application
Sometimes you’re using your mark for some products but not others listed in your application. Instead of losing the unused items, you can divide your application. One part moves forward with the Statement of Use, and the other gets an extension.
- Keeps active classes moving toward registration
- Preserves rights for slower-to-launch items
- Requires extra USPTO fees and paperwork
- Useful for brands with phased rollouts
Planning Ahead Saves Stress
Don’t wait until the last week to decide. Track your allowance date and set reminders. If there’s any doubt, you’ll meet the deadline. So make sure to file for a trademark extension early.
- Extension requests take minutes to prepare when done right
- Gather info early: serial number, class details, plans
What It All Means
One of the major reasons why people lose their trademark is timing. A trademark filing extension is a practical tool for businesses. It is best for all those who aren’t quite ready to go public but want to protect their name.