To file a trademark Statement of Use extension, submit the correct USPTO request before your current deadline, confirm your continued bona fide intent to use the mark, and pay the required fee. Each approved request adds six months. You can request up to five extensions, giving you a maximum of three years from the Notice of Allowance to file your Statement of Use.
A delayed product launch does not have to end your trademark application. However, keeping an intent-to-use application active takes more than paying a fee. You need the correct form, truthful statements, and an accurate deadline calendar.
If you are wondering how to file an extension for a trademark application, this guide explains the Statement of Use extension process in the United States, including deadlines, costs, filing steps, and common mistakes.
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What Is a Trademark Statement of Use Extension?
A trademark statement of use extension gives an applicant more time to submit a Statement of Use after receiving a Notice of Allowance.
It applies to goods or services covered by the intent-to-use filing basis under Section 1(b). At this stage, the applicant must establish qualifying trademark use before those goods or services can proceed to registration.
A Notice of Allowance is not a registration certificate. It means the application has reached the stage where the applicant must either submit a Statement of Use or request additional time.
The two filings serve different purposes:
| Filing | What It Tells the USPTO |
|---|---|
| Statement of Use | The mark is being used in commerce for the goods or services covered by the filing |
| Extension request | The applicant still genuinely intends to use the mark but needs additional time |
An extension request does not require a specimen showing current use. Instead, it requires a verified statement of continued bona fide intent, identification of the relevant goods or services, and the required fee.
Make Sure You Need the Correct Trademark Extension
The term trademark extension can describe different procedures. Before choosing a form, identify the notice you received and the deadline you need to extend.
| Your Situation | Relevant Filing |
|---|---|
| You received a Notice of Allowance and need more time to establish use | Extension of time to file a Statement of Use |
| An examining attorney issued an office action | Office action response or an eligible response extension |
| Your trademark is already registered, and maintenance is due | Registration maintenance or renewal filing |
A Statement of Use extension does not extend an office action response deadline. It also does not renew an existing registration.
If your application includes multiple filing bases, check which goods or services still require an allegation of use.
Related Blog: Trademark vs. Copyright vs. Patent
When Is a Statement of Use Extension Due?
Your initial deadline is six months from the issue date of the Notice of Allowance.
Before that deadline, you must file either a qualifying Statement of Use or a valid extension request.
If the extension is granted, the next deadline falls six months later. Each subsequent request must be filed before the current extension period expires.
Trademark Extension Timeline
The table below shows the ordinary sequence, measured from the Notice of Allowance issue date.
| Extension Request | Request Due By | New Statement of Use Deadline if Granted |
|---|---|---|
| First extension | Month 6 | Month 12 |
| Second extension | Month 12 | Month 18 |
| Third extension | Month 18 | Month 24 |
| Fourth extension | Month 24 | Month 30 |
| Fifth extension | Month 30 | Month 36 |
These are separate requests for successive periods. You cannot submit one regular request to purchase all five extensions in advance.
You also cannot wait until a later period and use a regular extension filing to cover earlier missed deadlines.
Electronic filing dates depend on when the USPTO receives the submission in Eastern Time. Check the applicable weekend and federal holiday rules when calculating your actual deadline.
Filing early gives you time to resolve account access, signature, or payment problems.
Related Blog: What Is a Trademark
How Much Does a Trademark Statement of Use Extension Cost?
The current USPTO filing fee is $125 per class for each extension request.
| Classes Covered by One Request | Government Filing Fee |
|---|---|
| One class | $125 |
| Two classes | $250 |
| Three classes | $375 |
For example, five extension requests covering two classes would cost $1,250 in government extension fees.
That amount does not include the original application fee, attorney fees, or the later Statement of Use filing fee.
The current Statement of Use fee is $150 per class. Paying for an extension does not cover that later filing.
Check the official fee schedule before submitting your request because fees can change.
How to File an Extension for a Trademark Application
The safest approach is to review your application first, prepare accurate statements, and complete the filing before the deadline.
Review Your Application Record
Start by reviewing your application in Trademark Status and Document Retrieval, commonly called TSDR.
Check the status page and relevant documents. Record:
- Your application serial number.
- The applicant’s legal name.
- The Notice of Allowance issue date.
- The goods, services, and classes involved.
- The extension requests already filed.
- Your current deadline.
- Any outstanding USPTO notices.
Keep a copy of the Notice of Allowance with your business records.
Do not calculate the Statement of Use deadline from your original application date. The relevant starting point is the Notice of Allowance issue date.
Confirm Which Goods or Services Need More Time
Review every good or service you plan to include in the extension request.
Ask whether the applicant still genuinely intends to use the mark for each item. Your declaration should reflect the business’s actual plans.
If you have abandoned part of the project, do not make an unsupported statement simply to keep every item in the application.
You may also have a mixed situation: some goods are already in use, while others are still being developed. A request to divide the application may be appropriate in that situation.
Division can involve additional filings and fees. Resolve the filing strategy before submitting declarations that do not match your actual use or intentions.
Prepare the Required Statements
The first extension requires a verified statement that the applicant continues to have a bona fide intention to use the mark in commerce.
The second through fifth extension requests also require a showing of good cause.
Good cause generally involves explaining ongoing efforts toward commercial use. Depending on your business, these efforts may include:
- Developing products or services.
- Arranging manufacturing.
- Conducting market research.
- Preparing promotional activities.
- Finding distributors.
- Working toward required government approvals.
Select or describe only activities that actually apply to your business.
For example, a business developing a new product might retain prototype invoices, supplier correspondence, and records of distributor discussions. These records can help document real progress toward commercial use.
Do not invent activities or use a generic explanation that does not match the facts.
Open the Correct Official Filing Form
Start from the USPTO’s current intent-to-use forms page. Select the request for an extension of time to file a Statement of Use.
The USPTO now offers this extension request in Trademark Center. Follow the current official filing link because older tutorials may show a different interface.
Prepare your account access, authentication, and any required identity verification before the deadline.
A saved draft is not a filed request. You must complete the submission process.
Review and Sign the Declaration Properly
Before signing, check:
- The application serial number.
- The applicant’s information.
- The goods and services covered.
- The classes included.
- The extension number.
- The statements about intent and ongoing efforts.
The verification must be signed by someone authorized under the trademark rules. The signer should review the declaration and have a proper basis for its statements.
Do not assume an employee or filing service is authorized to sign simply because they prepared the form.
If an attorney represents you, coordinate the filing and signature with that attorney.
Pay the Fee and Complete Submission
Confirm that your payment covers every class included in the request.
Complete the submission process and save the filing acknowledgment and payment receipt.
Before closing the filing session, check that the acknowledgment identifies the correct application and filing.
Preparing a form, signing it, and submitting it are separate steps. Make sure the process reaches a successful submission.
Monitor the Filing and Calendar the Next Deadline
Check TSDR for the filing record and subsequent USPTO action.
A submission acknowledgment confirms receipt. It does not guarantee that the request satisfies every requirement.
Read any notice concerning your extension and address problems promptly.
Calculate the next deadline from the applicable filing period. Do not add six months to the date you submitted the request early or the date approval arrives.
As a practical safeguard, set several reminders and assign one person responsibility for the next filing.
Common Trademark Extension Mistakes to Avoid
The most avoidable problems happen when an applicant treats an extension as a routine payment.
Filing the Wrong Extension Form
An office action response extension does not preserve your Statement of Use deadline.
Check the exact name of the notice and the filing you need before submitting anything.
Miscounting Your Available Extensions
Do not rely on memory to determine how many extensions remain.
Review the application record and previous filings. Another extension may be unavailable even if your business still needs more time.
Making Unsupported Statements
Continued bona fide intent must reflect a genuine business intention.
If you no longer plan to use the mark for certain goods or services, review how that change affects your filing.
Overlooking the Good Cause Requirement
Later extension requests require more than the first request.
Include truthful information about your ongoing efforts when a good cause showing is required.
Paying for Too Few Classes
The filing fee applies to each class covered by the request.
Review the class selection and payment total before completing submission.
Assuming Submission Means Approval
Keep monitoring your application after receiving the acknowledgment.
If the USPTO identifies a problem, read the notice carefully and act within the applicable deadline.
Claiming Trademark Use Too Early
A product mockup, placeholder page, or future launch plan does not by itself establish qualifying use in commerce.
For goods, qualifying use generally involves the mark appearing on the goods, packaging, or an acceptable display associated with the goods, together with actual sale or transport in commerce.
For services, the mark must be used in selling, advertising, or rendering services that are actually rendered in commerce.
Token use made solely to reserve rights is insufficient.
Can You File an Extension After Filing a Statement of Use?
In limited circumstances, yes. This is commonly called an insurance extension.
An applicant may file one extension request with or after a Statement of Use, provided the request is filed within the same six-month filing period, and the other requirements are satisfied.
It cannot extend the statutory period beyond 36 months from the Notice of Allowance.
An insurance extension can provide additional time to meet requirements that must be satisfied within the statutory period if the Statement of Use has a deficiency.
However, it does not erase false statements or guarantee that a defective filing can be corrected.
A filed Statement of Use also cannot simply be withdrawn. Resolve doubts about actual use, specimens, and eligibility before submitting it.
What Happens If You Miss the Extension Deadline?
Failing to file a timely Statement of Use or extension request can cause your application to become abandoned.
If the delay was unintentional, a petition to revive may be available.
The usual petition deadline is two months from the issue date of the Notice of Abandonment.
If you did not receive that notice, the deadline is generally two months after learning of the abandonment, but no later than six months after the abandonment date shown in TSDR.
A petition requires the appropriate statement, fee, and omitted filing requirements. It is a separate procedure, not an ordinary late extension request.
The three-year limit also matters. An application cannot be revived for failure to file a Statement of Use within three years after the Notice of Allowance.
If a deadline has passed, review the application record immediately and seek help promptly.
Trademark Statement of Use Extension Safety Checklist
Before submitting your request, confirm that you have completed these checks:
- Verified the Notice of Allowance issue date.
- Calculated the current deadline.
- Confirmed that another extension remains available.
- Reviewed the goods, services, and classes covered.
- Confirmed continued genuine intent to use the mark.
- Included truthful good cause information when required.
- Obtained a proper signature.
- Paid the correct fee for every class covered.
- Saved the submission acknowledgment.
- Scheduled follow-up checks and the next deadline.
This checklist can help reduce filing mistakes, but your application record and current USPTO requirements should guide the filing.
Frequently Asked Questions
How many trademark Statement of Use extensions can I request?
You can request up to five six-month extensions, subject to the requirements for each request. The maximum Statement of Use period is three years from the Notice of Allowance.
Does a trademark extension automatically register my trademark?
No. An extension provides additional filing time. Registration still depends on meeting the use requirements and completing the USPTO’s review.
Do I need a specimen for a Statement of Use extension?
No. An extension request concerns your continued intent to use the mark. A Statement of Use requires evidence of qualifying use in commerce.
Can I request all five trademark extensions at once?
No. Extension requests follow successive six-month periods. You must review the current deadline and submit the appropriate request for each period.
Is good cause required for the first extension?
No. Good cause is required for the second and subsequent requests. The first request still requires the other filing requirements, including continued bona fide intent.
Does an insurance extension extend an office action deadline?
No. These are separate deadlines and procedures. An insurance extension concerns the statutory Statement of Use period.
Keep Your Application Moving Toward Registration
A trademark statement of use extension can give your business valuable time to prepare for launch. To use it safely, verify the deadline, make truthful declarations, submit the correct form, and pay the required fee for every class covered.
After filing, monitor the application and prepare for the next deadline. Use the additional time to establish genuine commercial use and gather the evidence needed for a sound Statement of Use.
This article provides general information about US trademark procedures, not legal advice for a specific application.
