Simple 3-step process with online form
Application prepared by a US licensed attorney
Extension Of Use filed with the United States Patent & Trademark Office
You can file an extension before your six-month deadline, starting from your Notice of Allowance if you haven't yet used the mark. If you have already started using the mark, you must file a Statement of Use instead of an extension.
A Request for Extension of Time to File a Statement of Use (USPTO Form 1-751) allows you to push your SOU deadline out by six months per request. You may file up to five extensions (30 months total), but this only extends the filing deadline, not your date of first use.
If you have more questions, please give us a call or chat now with one of our Certified Trademark Specialists.
An Extension of Use is a filing that allows applicants more time to show actual use of their mark in commerce. It applies after a Notice of Allowance has been issued for Intent-to-Use applications. This filing helps keep your application alive until your product or service is ready.
Each extension grants six additional months to provide proof of use. You may file up to five extensions, giving a maximum of three years from the Notice of Allowance. This flexibility helps businesses prepare for a proper launch.
Businesses often need more time to manufacture, market, or distribute goods. Filing an extension prevents the application from expiring prematurely. It ensures your place in line for federal rights while preparing for commercial use.
If you fail to file either a Statement of Use or an extension before the deadline, the USPTO will abandon your application. Once abandoned, you lose priority rights and may need to refile a new application.
Yes, Freedom IP Firm guides clients through preparing and filing accurate extensions. Professional assistance helps avoid missed deadlines and ensures compliance with USPTO requirements. This support is valuable for maintaining trademark rights.
Yes, the USPTO charges a per-class fee for each extension request. If multiple classes are included in your application, fees apply separately. Professional service fees may also apply if you use legal assistance.
Call us today, leave a message, email or find your nearest office below.
8735 DUNWOODY PLACE #5093 ATLANTA, GA, 30350
15470 N Greenway Hayden Loop, Scottsdale, AZ 85260
Don't let the dream dim away. Save your trademark for a later date, or someone else will pick it up.
© 2025 design by Freedom Consultancy Firm