What Every Business Owner Should Know About USPTO Trademark Extensions

Every business owner looking to protect their brand should understand the importance of a trademark filing extension. When applying for a trademark, it’s common that the mark might not be in use immediately. A trademark filing extension allows extra time to show that your mark is actively used in commerce, avoiding the risk of application abandonment. This extension is a tool that can help businesses maintain their trademark rights without rushing the process.

Time to Use a Trademark

Once the United States Patent and Trademark Office (USPTO) issues a Notice of Allowance after your Intent to Use application, you generally have six months to submit a Statement of Use. This proves the trademark is actively used in commerce. If you’re not ready within that time, you can request a trademark filing extension to gain more time.

• Each extension provides an additional six months.
• You may request up to five extensions.
• This means potentially three years to start using your trademark officially.
• The first extension only requires a verified statement showing a bona fide intent to use the mark.
• Subsequent extensions need a valid reason or good cause.
• For the initial extension, good cause isn’t necessary.
• Later extensions require a reason showing why more time is needed.

Benefits of Taking Time with Your Trademark

Using a trademark filing extension provides key advantages:

• Gives your business time to prepare for proper use in commerce.
• Prevent losing your application if the trademark isn’t yet in use.
• Prevent time constraint issues to protect your brand from being abandoned. 
• Keeps your application active, saving reapplication costs.

Specimen Requirement and Mark Use

Part of filing a Statement of Use later includes submitting a specimen — proof showing the trademark being used on products or services in commerce. The trademark filing extension helps ensure you have time to gather this evidence correctly. If only some goods or services listed are in use, you may file an extension. You can also consider dividing your application for better accuracy.

Staying Organized with Deadline Tracking

Keeping track of the extension deadlines is crucial. When you miss a deadline, it leads to abandonment of your trademark application. To stay on top of this, use online calendars or reminder tools. It will help you monitor your Notice of Allowance deadlines and any extension filing dates.

Keeping your records clear helps you show your intent to use the trademark and any progress made toward its use. 

To prevent any extra fees, always file your extension requests on time.

This will help you avoid missing deadlines. It will also keep your trademark application active.

Steps to Request an Extension

Filing for an extension is straightforward and done electronically. Here’s a simple overview:

• Submit a written request for the extension online.
• Pay the required fee per class of goods or services (around $150 each).
• Provide a verified statement explaining your continued intention to use the trademark.

Flexibility for business owners

Trademark filing extension is an essential option that offers flexibility for business owners to protect their trademarks thoroughly without panic. It aligns with the realistic pace of product development. It also aligns with marketing rollouts and sales strategies. While extension fees and filings are involved, the benefits of securing your mark rights far outweigh the cost and effort. Trademark filing extensions allow you to solidify your brand’s unique identity safely.

Last Words

Running a business is unpredictable. Launch dates slip. Supply chains break. Life happens. That’s exactly why the USPTO allows a trademark filing extension. You don’t have to rush a half-baked product to market just to save your application.

A trademark filing extension is known for a variety of benefits. It keeps your trademark journey on track. It gives you up to three years to get your mark into commerce.