Understanding the Request for Extension of Time to File a Statement of Use

Definition & Meaning

A request for extension of time to file a statement of use is a formal request submitted to the United States Patent and Trademark Office (USPTO). It allows an applicant additional time to demonstrate their intention to use a trademark in commerce. This request must be signed by the trademark owner or an authorized representative and includes a sworn statement affirming the intention to use the mark. A filing fee is required for each class of goods or services associated with the trademark.

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Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) A small business owner receives a Notice of Allowance for their new trademark but needs more time to finalize their product. They file a request for extension of time to file a statement of use, allowing them an additional six months to prepare for the launch.

What to do if this term applies to you

If you find yourself needing to file a request for extension of time to file a statement of use, follow these steps:

  • Gather the necessary information about your trademark and the goods or services it covers.
  • Complete the extension request form, ensuring it is signed by the appropriate party.
  • Pay the required filing fee for each class of goods or services.
  • Consider using US Legal Forms for ready-to-use templates to simplify the process.
  • If your situation is complex, consult a legal professional for tailored advice.

Quick facts

Attribute Details
Filing Fee Varies by class of goods/services
Timeframe for Filing Within six months of Notice of Allowance
Maximum Extensions Up to three years total

Key takeaways

Frequently asked questions

If you do not file a statement of use within three years of the Notice of Allowance, your trademark application will be abandoned.