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Request for extension of time to file a statement of use

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U.S. trademark law Edit

A request for extension of time to file a statement of use ("Extension Request") is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner, stating that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee per class of goods/services must accompany the Extension Request.

The Extension Request, if granted, gives the owner an additional six (6) months to either: (1) use the mark in commerce and file a Statement of Use; or (2) file another Extension Request.

The trademark applicant may continue to file Extension Requests every six (6) months. However, the trademark applicant must use the mark and file a Statement of Use within three (3) years of the issue date of the Notice of Allowance. The U.S. Patent and Trademark Office will not register a mark if, after thirty-six (36) months of the issue date of the Notice of Allowance, a Statement of Use has not been filed.

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