An intent-to-use trademark applicant must file a Statement of Use or Amendment to Allege Use within six (6) months of the mailing date of the Notice of Allowance. If more time is needed, a six-month extension may be requested. Up to 5 consecutive 6-month extensions may be requested. This means that the absolute maximum amount of time to file a Statement of Use is a total of three years from the Notice of Allowance date. A Request for an Extension of Time must be made within the time allowed for filing the Statement of Use.
Here is an example that illustrates how extensions work: If the Notice of Allowance issues on January 1, 2026, then the applicant has six months from January 1, 2026 to file a Statement of Use or an Amendment to Allege Use. During those six months, the applicant must either make the required filing or obtain an extension of time. Failing to do so may result in the application being deemed abandoned, and it will be necessary to start the application process from scratch. If, on the other hand, the applicant timely requests an extension within the six-month period, and it is granted, then the applicant has another six months in which to either file the Statement of Use or request another extension. If neither one of those things is done, then the trademark application may be deemed abandoned, and the applicant will need to begin again from scratch.