You filed an intent-to-use trademark application, your mark was approved through examination, published for opposition, and you received a Notice of Allowance. Now you have six months to file a Statement of Use proving the mark is in active commercial use. But the product is not launched, the service is not quite ready, or circumstances have delayed the use you planned.
A Trademark Statement of Use Extension is the mechanism the USPTO provides for exactly this situation. This guide covers how to file one correctly, how many you can request, and what to watch out for to avoid jeopardizing your application.
A Trademark Statement of Use Extension is a formal request filed with the USPTO asking for additional time beyond the initial six-month period to file your Statement of Use (SOU). Each approved extension grants six additional months. The maximum number of extensions available is five, giving applicants up to 36 months from the Notice of Allowance date before the SOU must be filed or the application is abandoned.
Every extension request must be filed before the current deadline expires. There is no late filing option for extension requests the way there is a grace period for some other trademark filings. If you miss the deadline for your current period without filing either an SOU or an extension request, your application may become an abandoned trademark application. This is one of the most time-sensitive deadlines in the trademark process.
| 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 |
| First extension | 6 to 12 months | File SOU or second extension request | $125 |
| Second extension | 12 to 18 months | File SOU or third extension request | $125 |
| Third extension | 18 to 24 months | File SOU or fourth extension request | $125 |
| Fourth extension | 24 to 30 months | File SOU or fifth extension request | $125 |
| Fifth extension (final) | 30 to 36 months | File SOU only; no further extensions | $125 |
| After 36 months | Maximum period reached | Application abandoned if no SOU filed | Not applicable |
All extension requests are filed through the USPTO’s Trademark Electronic Application System (TEAS) online. Navigate to the post-approval forms section and select the Extension of Time to File a Statement of Use form. You will need your application serial number ready.
The applicant information in the extension request must match the information on record for your application exactly. Discrepancies in the applicant name, address, or entity type can create complications that require additional filings to resolve.
Every extension request requires a verified statement of bona fide intention to use the mark in commerce. For the first extension, this statement alone is generally sufficient. For subsequent extensions, the USPTO expects more specific justification for the need for additional time.
Starting from the second extension request, you should provide specific reasons explaining why the mark is not yet in use and what is being done to bring it into commercial use. Acceptable reasons for a Trademark Statement of Use Extension include:
Vague statements of continued intention without specific circumstances become less persuasive with each successive extension. The USPTO expects that each request reflects genuine progress toward use.
The fee for each extension request is $125 per class of goods or services. Understanding broader trademark costs and renewal fees can help applicants budget for the entire registration process. A trademark application covering two classes costs $250 per extension request. Payment is made at the time of filing through the TEAS system.
The most consequential mistake in the extension process is missing the deadline. Unlike some other trademark deadlines that have grace periods, extension requests must be filed before the current period expires. There is no late filing option. Set calendar reminders at least 30 days before each deadline, not on the deadline date itself.
Extension requests must be filed in good faith with a genuine intention to use the mark in commerce. Filing extensions purely to hold a filing date without any real plan to bring the mark into use is not permitted under USPTO rules. If the mark is never going to be used, the application should be abandoned rather than extended indefinitely.
As the number of extension requests increases, the expectation for specific justification grows. A fourth or fifth extension request supported only by a general statement of continued intention is more likely to face scrutiny. Be specific about the circumstances preventing use and the steps being taken to resolve them.
| Factor | File Extension | File New Application |
| Original priority date | Preserved | Lost; new filing date applies |
| Cost per period | $125 per class | Full filing fee ($250 to $350 per class) |
| Examination required | No; application already examined | Yes; full examination process restarts |
| Time to reach allowance again | Not applicable; already allowed | 8 to 12 months minimum |
| Best when | Use is genuinely planned within 36 months | Original mark is being abandoned for a new one |
A Trademark Statement of Use Extension is a legitimate and available tool for applicants who need more time to bring their mark into commercial use. Before filing, it is worth understanding the full trademark extension filing process and its requirements. Filing it correctly, on time, and with appropriate justification keeps your application active and your priority date protected.
The risk is in treating extensions as an indefinite holding mechanism. The USPTO system expects genuine commercial use at some point within the 36-month window. Planning your launch timeline around that window from the start makes the entire process more manageable.
Trademark Swyft helps applicants manage every stage of the intent-to-use process, including timely extension filing and Statement of Use preparation. If your extension deadline is coming up and you want to make sure everything is handled correctly, reach out to us.
It is a formal request filed with the USPTO to extend the time allowed to file a Statement of Use following a Notice of Allowance. Each approved extension grants six additional months, with a maximum of five extensions available for a total of 36 months from the Notice of Allowance date.
Each Trademark Statement of Use Extension request costs $125 per class of goods or services. A trademark covering two classes costs $250 per extension request. The first extension request is the first filing for which fees apply; the initial six-month period itself requires no fee.
Unlike some other trademark deadlines, extension requests have no grace period. If the deadline passes without filing either an SOU or an extension request, the application is abandoned. A Petition to Revive can sometimes restore an abandoned application, but it requires additional fees and documentation and is not guaranteed.
A maximum of five extensions can be filed after the initial six-month period, giving applicants up to 36 months total from the Notice of Allowance date. After the fifth extension, the SOU must be filed or the application is abandoned.
Ongoing product development, manufacturing delays, regulatory approval processes, business launch preparations, or other specific circumstances preventing commercial use qualify as good cause. Vague statements of continued intention without specific circumstances become less acceptable with each successive extension request.
