notice of allowance Archives | Thomas B. James Esq.

What is the difference between a Statement of Use and an Amendment to Allege Use?

A Statement of Use and an Amendment to Allege Use accomplish the same objective: notifying the USPTO that an intent-to-use applicant is now in compliance with the “use in commerce” requirement for a valid trademark. The difference is in when the filing occurs. An Amendment to Allege Use can only be filed between the date

How long does an intent-to-use applicant have to file a Statement of Use or Amendment to Allege Use?

Tom James

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

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