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Hi. I’m trademark attorney Morris Turek. I protect individuals and businesses throughout
the world by assisting them with their important trademark matters.
If you filed your trademark application on an intent-to-use basis, the Trademark Office
will issue the Notice of Allowance once the 30 day opposition period has expired. You
then have six months to show the Trademark Office that you’re actually using your trademark
in connection with all of the products or services listed in your application. If you
can’t make use of your trademark within those six months, you can file what is called
a Request for an Extension of Time.
A Request for an Extension of Time is basically a sworn statement that you continue to have
a bona fide intention to use your trademark in commerce, but that you need additional
time to put your trademark in use. The Extension of Time buys you another six months to make
actual use of your trademark and to file the Statement of Use with the Trademark Office.
Once the Statement of Use is accepted, your trademark registration will be issued within
a couple of months.
You may request up to five Extensions of Time before you must file the Statement of Use.
In each Request, you have to swear that you continue to have a bona fide intention to
use your trademark in connection with all of the products or services listed in your
application. Furthermore, in every Request after the first one, you are required to generally
advise the Trademark Office of what efforts you’ve made over the previous six months
to put your trademark mark in commercial use.
In the vast majority of cases, the Trademark Office automatically grants a Request for
an Extension of Time so long as you meet all of the requirements and pay the government
filing fees. Needless to say, it is absolutely essential that the Extension of Time be properly
prepared and timely filed in order to ensure that your trademark application does not go
abandoned.
If you have any questions about the Extension of Time, or need some help preparing and submitting
an Extension of Time, please feel free to give me a call. I look forward to hearing
from you soon.