Clearing the USPTO review process is a big step—but if you filed based on intent to use, your trademark isn’t registered yet. You’ll receive a Notice of Allowance (NOA), and to move forward, you’ll need to show the mark is in use by filing a Statement of Use. If you’re not quite ready—maybe your launch is delayed or materials aren’t finalized—you don’t have to rush. But you do need to take action. That’s where a trademark extension request comes in.
Let’s start with the basics. The Notice of Allowance or NOA is the USPTO’s way of saying, “You’re almost there.” As the USPTO puts it:
“A Notice of Allowance is an official notice from the USPTO that your trademark application has passed the examination and opposition phases, and you are now approved to register—once you begin using your mark in commerce.”
This applies specifically to Intent-to-Use (ITU) applications. You told the USPTO you weren’t using the trademark yet but planned to. Now they’re holding your spot—but it’s up to you to follow through. Until you submit a Statement of Use showing the trademark in active use, your registration won’t go through.
Once the NOA is issued, you have six months to file your Statement of Use or SOU. If you’re ready to launch, that’s great—you’re nearly at the finish line.
But if you’re not, don’t worry. The USPTO gives you an option to extend your timeline. To keep your application alive, you’ll need to file a trademark extension request within that six-month window. This first extension is fairly straightforward. It comes with a fee and a verified statement confirming that you still intend to use the trademark in commerce.
The USPTO understands that building a business takes time. That’s why they allow up to five extension requests, each granting an additional six months. In total, you can get up to 36 months (three years) from the date the NOA was issued.
The first extension doesn’t require much—just your ongoing intent. But for extensions two through five, you’ll need to show good cause. This means demonstrating progress toward using the trademark, such as conducting market research, acquiring distributors, preparing marketing materials, or developing your product or service. As the USPTO states:
“A subsequent extension request must include a showing of ‘good cause,’ such as market research or steps to acquire distributors.”
This system gives you breathing room, but it also comes with structure. Each deadline is hard and final—miss one, and your application could be in jeopardy.
Deadlines are critical in the trademark process. If you don’t file your SOU or a valid extension on time, your application will be abandoned.
That means your filing fees are gone, your application is closed, and the only way forward is to start over from scratch—with a brand-new application and all-new fees.
There is one possible lifeline: if you act quickly, you can file a petition to revive the application within two months of receiving the abandonment notice. But this too comes with fees, and if you miss that deadline, there are no second chances.
Here’s a lesser-known but incredibly helpful tip—especially for startups and brand teams managing busy timelines: consider filing an “insurance” extension request, even if you’re filing your Statement of Use on time.
If you need more time to fix problems with your Statement of Use—such as correcting your specimen or dates—you can file an extension request when you submit your Statement of Use or shortly after. This is called an insurance extension request. You must still have extension requests left and file it before your current deadline expires.
All of this—filing, extending, reviving—costs money. And time. That’s why the most strategic move is to start smart, with a comprehensive trademark search before you ever submit an application.
Many applications fail because the name is already in use, too similar to an existing mark, or conflicts with common law usage that isn’t immediately visible in the USPTO database. A strong search uncovers those red flags ahead of time.
A comprehensive search goes well beyond a quick database lookup. It includes:
When done properly, a search helps you avoid the heartache of rebranding, a USPTO refusal, or litigation. As the USPTO warns: “Your only option would be to file a new application with new fees.”
That’s not a risk worth taking after months—or years—of brand development.
If you’re not ready to use your trademark, you don’t have to panic—but you do need to take action. Filing a trademark extension request gives you time, but tracking those deadlines is crucial. If you’d rather not handle that burden yourself, TradeMark Express offers trademark deadline monitoring services—we’ll keep you on track so nothing slips through the cracks.
Above all, the smartest move is to begin with a comprehensive trademark search. It’s your best protection against delays, refusals, and expensive do-overs.
If you’re ever unsure, reach out. Working with professionals who understand the process inside and out can make all the difference in protecting your brand long-term.
TradeMark Express provides comprehensive trademark search services and application guidance to help you avoid costly missteps.
Contact us today to get started and protect your brand with confidence.
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