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.
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.
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.
In order
- Diary six months from the issue date of the notice.
- If you are selling by then, file a Statement of Use with a specimen and your dates of first use.
- If you are not, file an extension request before the deadline. Each is six months and carries a fee.
- Watch the total limit on extensions - they do not run indefinitely.
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.
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.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingApplicant
The person or business that will own the registration.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
Filing