Intent-to-Use Trademark Applications: Notice of Allowance and Statement of Use

What is a Notice of Allowance?

A Notice of Allowance indicates that an intent-to-use application passed examination and publication without a proceeding preventing allowance. It is not a registration and does not authorize use of the federal registration symbol.

The mailing date is important because it starts the period for submitting a Statement of Use or a request for more time.

The first six-month period

Within six months after the Notice of Allowance, the applicant generally must file either a Statement of Use showing qualifying use or an extension request. Missing the applicable filing can cause abandonment.

An extension does not eliminate the use requirement. It provides another six-month period while the applicant maintains a bona fide intention to use the mark.

What a Statement of Use includes

A Statement of Use includes verified statements, dates of use, a specimen for each class, and government fees. The mark must be used in commerce for the goods or services retained in the filing.

Review the specimen against the application drawing and identification. An unacceptable specimen or unsupported claim can delay or prevent registration.

Amendment to Allege Use vs. Statement of Use

An applicant that begins use before approval for publication may be able to submit an Amendment to Allege Use. After the Notice of Allowance, the corresponding allegation is called a Statement of Use.

The application’s current procedural status determines which form is available. Check TSDR and the current USPTO instructions before submitting.

Manage the ITU record carefully

The USPTO limits the number and total period of extension requests. A long launch timeline should be planned before the initial application is filed.

• Calendar every six-month deadline from the Notice of Allowance mailing date.
• Preserve evidence showing genuine use and its start date.
• Confirm use for every retained good or service.
• Budget for per-class allegation-of-use and extension fees.
• Verify that every filing receipt and document appears in TSDR.