You filed an intent-to-use trademark application, your mark was approved and published, and now the USPTO has issued a Notice of Allowance. You have six months to file a Statement of Use (SOU) confirming that your trademark is in commercial use. But the product is not launched, the service is not live, or the business is not quite ready.
Filing a trademark extension is how applicants preserve their application when they need more time before demonstrating use. Understanding how the trademark extension process works, how many extensions are available, and what happens if you miss a deadline is essential for protecting an application you have invested significant time and money in.
When you file an intent-to-use trademark application, you are claiming rights to a mark that you intend to use in commerce but have not yet begun using. Before reaching this stage, many applicants first conduct a trademark availability check to reduce the risk of conflicts with existing marks. The USPTO examines the application and, if approved, publishes it for a 30-day opposition period. If no opposition is filed or any opposition is resolved in your favor, the USPTO issues a Notice of Allowance. This notice begins the clock on your obligation to demonstrate actual use.
A Statement of Use (SOU) is a document filed with the USPTO that declares your trademark is now in use in commerce and provides a specimen showing how the mark is being used. If you are unfamiliar with the filing process, understanding what a trademark Statement of Use is and how to file it can make the next steps much easier. The SOU must be filed within six months of the Notice of Allowance date, or within any extension period you have been granted. If neither the SOU nor a timely extension request is filed, the application is abandoned.
A trademark extension, formally called an Extension of Time to File a Statement of Use, gives applicants additional time beyond the initial six-month period to file their SOU. Each extension grants six additional months. Applicants can file up to five extensions, giving a maximum of 36 months from the Notice of Allowance date before use must be demonstrated. Filing a trademark extension requires a valid reason for needing more time and a continued bona fide intention to use the mark in commerce.
The USPTO allows a maximum of five extension requests after the initial six-month period. The first extension brings the total to 12 months from the Notice of Allowance. Each subsequent extension adds six months, with the fifth and final extension reaching the 36-month maximum. Beyond this point, no further extensions are granted and the SOU must be filed or the application will be abandoned.
| Period | Months from Notice of Allowance | Action Required | USPTO Fee (Per Class) |
| Initial period | 0 to 6 months | File SOU or first extension request | No fee for initial period |
| First extension | 6 to 12 months | File SOU or second extension request | $125 per class |
| Second extension | 12 to 18 months | File SOU or third extension request | $125 per class |
| Third extension | 18 to 24 months | File SOU or fourth extension request | $125 per class |
| Fourth extension | 24 to 30 months | File SOU or fifth extension request | $125 per class |
| Fifth extension | 30 to 36 months | File SOU only, no further extensions | $125 per class |
| Maximum period | 36 months from Notice of Allowance | SOU must be filed or application abandoned | No additional extension possible |
Trademark extension requests are filed through the USPTO’s Trademark Electronic Application System (TEAS) online. The form is called an Extension Request and is available under the post-registration and post-allowance forms section of the TEAS system. Filing must be completed before the current deadline expires. Late filing is not accepted, and the application will be abandoned if the deadline passes without a timely SOU or extension request.
For the first extension request, the USPTO requires only a statement of continued intention to use. For subsequent extension requests, the applicant must provide specific reasons why more time is needed. Acceptable reasons include ongoing product development or testing, manufacturing or supply chain delays, regulatory approval processes, business launch preparations requiring additional time, or other circumstances that genuinely prevent commercial use within the current period.
If neither a Statement of Use nor an Extension of Time request is filed before the current deadline expires, the USPTO will issue a Notice of Abandonment. This can result in the application becoming an abandoned trademark, potentially costing you your original filing date and the investment already made in the application. Once abandoned, the application cannot be revived simply through a late payment. The applicant must file a Petition to Revive within two months of receiving the abandonment notice, demonstrating that the failure to file was unintentional, and pay an additional fee. If the petition is not filed in time, the application is permanently abandoned.
Abandonment means losing all the investment in the application: the initial filing fee, the examination process, the published opposition period, and the priority date established by the original filing. For marks that have been in the application process for a year or more, this is a significant loss. Filing a trademark extension on time is almost always the right choice when the SOU cannot be filed before the deadline.
| Factor | File Extension | File New Application |
| Original priority date | Preserved | Lost: new filing date applies |
| Cost | $125 per class per extension | Full filing fee plus examination. If you ultimately need to start over, it is helpful to understand how much it costs to trademark a name so you can accurately compare the expense of a new application against filing an extension. |
| Examination required | No: application already examined | Yes: full examination process restarts |
| Time to complete | Quick: online form plus fee | 8 to 12+ months to reach allowance |
| Best when | Use is genuinely expected within 36 months | Original mark is being abandoned and a new mark will be used |
Trademark extension deadlines are unforgiving. The USPTO sends courtesy email reminders when you have an account, but these are not guaranteed, and missing the email does not excuse a late filing. Set your own calendar reminders at least 30 days before each deadline. Many trademark professionals set reminders 60 days ahead to allow time for any complications in the filing process.
If you have multiple trademark applications in the intent-to-use process, tracking each application’s deadline independently is essential. Applications file at different times, receive their Notices of Allowance at different times, and have different extension histories. Maintaining a simple tracking document with each application’s serial number, Notice of Allowance date, current deadline, and extension count prevents confusion and missed deadlines.
The most effective way to manage the extension process is to plan your path to commercial use from the moment your Notice of Allowance arrives. Identify what needs to happen for the mark to be in use in commerce and build a realistic timeline. If that timeline exceeds six months, file your first extension immediately rather than waiting. Planning gives you maximum flexibility and reduces the risk of deadline pressure.
Filing a trademark extension is the right choice for any applicant who has received a Notice of Allowance but is not yet ready to file a Statement of Use. The extension system exists specifically for this situation, and taking advantage of it preserves both your application and your original priority date while you complete the steps needed to bring the mark into commercial use.
Missing an extension deadline, by contrast, is one of the most costly and avoidable mistakes in trademark management. Understanding the process and tracking your deadlines carefully is all that is required to keep your application on track.
Trademark Swyft helps applicants navigate every stage of the trademark process, including intent-to-use application management and timely extension filing. If your Notice of Allowance deadline is approaching and you need support, contact us today for straightforward guidance on protecting your application and keeping your trademark journey on track.
A trademark extension is a formal request filed with the USPTO that gives an intent-to-use applicant additional time beyond the initial six-month period to file a Statement of Use demonstrating commercial use of the mark. Each extension grants six additional months.
A maximum of five extensions can be filed after the initial six-month period following the Notice of Allowance. This gives applicants up to 36 months total from the Notice of Allowance date to file a Statement of Use before the application is abandoned.
The USPTO fee for each Extension of Time request is $125 per class of goods or services. A trademark covering two classes pays $250 per extension request. There is no fee for filing the Statement of Use within the initial six-month period.
Missing the deadline results in the application being abandoned. A Petition to Revive can be filed within two months of the abandonment notice if the failure was unintentional, but this involves additional fees and uncertainty. Prevention through timely filing is always the better approach.
The first extension requires only a verified statement of continued intention to use. Subsequent extensions require a statement of good cause explaining why more time is needed. Vague assertions without specific circumstances become less acceptable with each successive extension request.
