We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is a Notice of Allowance (Trademark) and Why It Matters
Definition & Meaning
A notice of allowance (NOA) is an official communication from the U.S. Patent and Trademark Office (USPTO) indicating that a trademark application has passed the opposition period after being published in the Official Gazette. This notification signifies that the trademark is allowed for registration, although it is not yet officially registered. Receiving an NOA is a significant milestone in the trademark registration process.
Table of content
Legal Use & context
The notice of allowance is primarily used in trademark law, specifically for applications filed based on an intent to use the mark in commerce. It plays a crucial role in the registration process, as it establishes the timeline for the applicant to file a statement of use. Users can manage their trademark applications using legal templates provided by platforms like US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An applicant files a trademark application for a new beverage brand. After the application is published, they receive a notice of allowance, allowing them to proceed with filing a statement of use to show that the product is being sold in commerce.
(Hypothetical example) Example 2: A tech startup applies for a trademark for its software. Upon receiving the NOA, the startup must file a statement of use within six months to avoid abandonment of the application.
Comparison with related terms
Term
Definition
Key Differences
Notice of Allowance
A notification that a trademark application has been allowed.
Does not mean the trademark is registered yet.
Statement of Use
A document filed to show that the trademark is in use in commerce.
Must be filed after receiving an NOA to avoid abandonment.
Trademark Registration
The official recognition of a trademark by the USPTO.
Occurs after filing a statement of use following an NOA.
Common misunderstandings
What to do if this term applies to you
If you receive a notice of allowance, you should prepare to file a statement of use within the specified timeframe. If you need more time, consider filing a request for an extension. For assistance, explore US Legal Forms for ready-to-use legal templates that can help you manage the process efficiently. If your situation is complex, consulting a legal professional may be advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.