GLOSSARY · FILING

Notice of Allowance

Your intent-to-use mark cleared, but is not registered yet.

Issued after publication for an intent-to-use application. It starts a six-month clock to file a Statement of Use or request an extension. Extensions are available up to a limit, each with a fee. Missing this deadline abandons the application.

WHAT THIS MEANS FOR YOU

Why it matters to your application

Good news with a timer attached. Your intent-to-use mark has cleared examination and opposition - but it is not registered, and it will not register until you prove use. The six-month clock starts the day the notice issues.

IF YOU DO NOTHING

What happens if this is ignored

The application is abandoned. You cleared examination, survived the opposition window, and then lost the mark to a calendar entry nobody made.

WHAT TO DO

In order

  1. Diary six months from the issue date of the notice.
  2. If you are selling by then, file a Statement of Use with a specimen and your dates of first use.
  3. If you are not, file an extension request before the deadline. Each is six months and carries a fee.
  4. Watch the total limit on extensions - they do not run indefinitely.
AN EXAMPLE

How this plays out

A brand receives its notice while manufacturing is delayed. It files extensions through the delay and submits the Statement of Use as soon as the first shipment goes out. The timing was tight, but the mark survived because the extensions were filed rather than hoped past.

QUESTIONS PEOPLE ACTUALLY ASK

About notice of allowance

Is a Notice of Allowance the same as registration?

No. It means the mark has been allowed but will only register once you file an acceptable Statement of Use.

How many extensions can I get?

They come in six-month increments up to an overall limit, each with a fee. They are not unlimited.

What if I will never use the mark?

Then the application will lapse. There is no route to registration on an intent-to-use basis without actual use.

General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.

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