US Intent to Use and Statement of Use Deadlines
A Notice of Allowance starts a deadline sequence. Plan the Statement of Use, evidence for each class, and any official extension request before the application can register.
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Who this guide is for
- Applicants whose US trademark application was filed on an intent-to-use Section 1(b) basis
- Owners who received a Notice of Allowance after publication and need to plan the next filing
- Foreign-domiciled applicants coordinating a US-licensed attorney and launch evidence
- Teams deciding whether a genuine Statement of Use can be filed now or whether an official extension request is needed
The practical problem
A Notice of Allowance (NOA) is not a registration. It means the application passed the opposition period and can move toward registration after the applicant files an acceptable Statement of Use (SOU), or a permitted extension request followed by an SOU. The USPTO says the first SOU or extension request is due within six months of the NOA issue date. An extension request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce; the applicant may request successive six-month periods up to a total of five extensions, and use plus an SOU must be filed within three years of the NOA issuance date. The SOU must identify qualifying use in US commerce and include the required dates, verified statement, fee, and specimen for each relevant class. These are class-specific evidence and deadline tasks, not a way to reserve a mark indefinitely. Missing the statutory period can abandon the application, and an unacceptable specimen or inaccurate use date can create a separate examination problem.
Your options
File the Statement of Use
Choose this when the mark is actually in qualifying US commerce for the identified goods or services. Prepare a specimen that shows the mark as customers encounter it, accurate use dates, the class scope, verification, and any required attorney or owner information.
Request an official six-month extension
If there is a genuine bona fide intention to use but qualifying use is not ready, the owner may file the USPTO extension request and fee within the current six-month period. The request is an authority filing, not a promise that an extension will be available forever.
Stage classes and evidence
Review each class separately. A website, product, or service may support one class but not another, and a specimen must show use for the relevant goods or services. Remove unsupported scope only through the permitted USPTO process and do not invent evidence.
Urgent missed-deadline review
If the SOU or extension request was not timely filed, check the USPTO status immediately for abandonment and any available petition or recovery route. This is outside standard filing support and may require a US trademark attorney.
Documents typically needed
- The serial number, NOA issue date, application status, owner and domicile, mark representation, and every listed class
- A launch and use timeline showing when the mark was first used anywhere and first used in US commerce for each class
- A specimen for each class that shows the mark in the ordinary course of trade, such as product packaging, a point-of-sale display, or a service webpage
- The exact goods and services associated with each specimen, the URL or file context where relevant, and a truthful declaration by the authorised signatory
- Evidence of a bona fide intention to use when requesting an extension, such as product development, market research, distributor steps, or regulatory preparation
- US-licensed attorney details where the applicant is foreign-domiciled, plus any USPTO correspondence and current fee calculation
Common mistakes to avoid
- Treating a Notice of Allowance as proof that the trademark is registered or protected indefinitely
- Waiting until the six-month NOA period ends before deciding whether to file an SOU or official extension request
- Using a mock-up, token webpage, altered screenshot, or future plan as a specimen of current qualifying use
- Claiming use for every class when the evidence supports only some goods or services
- Confusing first use anywhere with first use in US commerce, or entering dates that cannot be supported
- Assuming five extensions create five years from the last request instead of tracking six-month periods from the NOA and the three-year outer limit
- Assigning an intent-to-use application without checking the USPTO's business-successor and post-use filing restrictions
How Nomadic Go helps
Nomadic Go can coordinate a reviewed US filing follow-on for a Statement of Use when the facts, classes, evidence, and representation are approved. The authorised catalogue reference is $299 professional per class plus a $150 official per-class reference charge when separately required; the current USPTO fee schedule and accepted quote control, and fees are separate from the initial US filing. We can help organise the approved information and submission route, but the USPTO decides whether use, specimens, dates, and declarations satisfy its rules. We do not sell a generic extension, promise that an extension will be granted, backdate use, create specimens, guarantee registration, or include abandoned-application recovery, office-action responses, opposition, dispute, or substantive legal advice in the standard scope.
Frequently asked questions
When is the Statement of Use due?
The USPTO says an SOU or a request for an extension must be filed within six months of the NOA issue date. If an extension is granted, the next six-month period is tied to the NOA sequence, not simply to the day the request was submitted. Check the NOA and current USPTO record for the controlling date.
How many extensions can an intent-to-use applicant request?
The USPTO's ITU guidance describes up to five six-month extension requests in total. The applicant must still file an SOU within three years of the NOA issuance date and must maintain a genuine bona fide intention to use the mark. An extension is not an indefinite reservation.
What is a Statement of Use specimen?
It is evidence showing the mark used in the ordinary course of trade for the identified goods or services. Goods specimens can include packaging or point-of-sale displays; service specimens can include advertising or a service webpage. The correct specimen depends on the class and facts, and the USPTO decides acceptability.
Can I file an extension instead of using the mark?
Only when the applicant still has a bona fide intention to use the mark and the statutory period is open. An extension request is an official USPTO filing with its own requirements and does not replace the eventual SOU. Nomadic does not sell a generic extension product.
Can Nomadic Go guarantee that the SOU will register the mark?
No. We can coordinate an approved information and filing scope, but the USPTO evaluates the use, dates, specimens, verification, goods and services, and any other requirements. Refusals, deficient specimens, office actions, appeals, opposition, and disputes require separate scope.
Is the Statement of Use included in the US initial filing?
No. The US initial filing and a later SOU are separate stages. The catalogue reference for authorised follow-on support is $299 professional per class plus the separate official fee reference, subject to current USPTO fees and an approved quote. A qualifying filing may also require a US-licensed attorney.
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