What is a Request for an Extension of Time to file a Statement of Use?
This is a sworn statement signed by the owner, or a person authorized to sign on behalf of the owner, to declare that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee of $150 per class of goods or services must accompany the Extension Request. The Extension Request, if granted, gives the owner an additional six (6) months to either, (a) use the mark in commerce and file a Statement of Use; or (b) file another Extension Request.
An Extension Request is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner (see signature), stating that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee of $150 per class of goods/services must accompany the Extension Request. The form for filing the Extension Request is available at http://www.uspto.gov/teas/index.html. The Extension Request, if granted, gives the owner an additional six (6) months to either: • use the mark in commerce and file a Statement of Use; or • file another Extension Request. You may continue to file Extension Requests every six (6) months. However, you must use the mark and file a Statement of Use within three (3) years of the date the Notice of Allowance issues. The USPTO will not register a mark if, after thirty-six (36) months of the mailing date of the Notice of Allowance, no Statement of Use has been filed.
MAINTAINING A FEDERAL TRADEMARK REGISTRATION Trademark, copyright or patent? What is a trademark or service mark? · A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. · A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks. Do Trademarks, Copyrights and Patents protect the same things? No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm. (return to Table of Contents) Should I register my mark? Is registration of my mark required? No. You can e
