SECTION 1(b) · EXTENSION
Filing an Extension
Not trading yet but your Notice of Allowance has landed? An extension keeps your priority date alive while you get to market.
Overview
If you filed on an intent-to-use basis, the USPTO issues a Notice of Allowance once your mark clears examination and publication. From that date you have a fixed window to file a Statement of Use proving you are actually selling under the mark. If you are not selling yet, you file an extension.
You can extend more than once, up to a statutory maximum, each time with a government fee and a statement of your continuing bona fide intention to use the mark. What you cannot do is let the window lapse — the application goes abandoned and the priority date you have been holding since filing is gone.
Turnaround
Prepared within two business days, faster where the deadline is imminent.
Price
$149 + USPTO fee
What is included
Everything in filing an extension
Deadline confirmation
We pull your file from the USPTO and confirm exactly which deadline you are working to and how many extensions you have already used.
Extension request prepared
The request drafted with the required statement of continued bona fide intent and filed inside the window.
Readiness review
An honest assessment of whether you are close enough to launch to file the Statement of Use now instead and stop paying extension fees.
Good-cause statements
Later extensions require a showing of good cause. We draft it against what the USPTO actually accepts.
Forward docketing
Your next deadline recorded and reminded on, so the following one does not creep up either.
How it works
What happens, in order
- 01
Send your serial number
We retrieve the Notice of Allowance and the full deadline history.
- 02
We advise
Extend, or file the Statement of Use now — whichever genuinely costs you less.
- 03
We prepare and file
Drafted for your approval, filed inside the window, confirmation sent to you.
Questions
Filing an Extension FAQs
There is a statutory maximum measured from the Notice of Allowance date, filed in six-month increments, with later requests needing a showing of good cause. We will tell you exactly where you sit in that sequence.
Real sales or transport of the goods in commerce, or actual rendering of the services — not a coming-soon page, not a private beta, and not a single sale arranged to manufacture a specimen.
The application goes abandoned. Petitions to revive exist for unintentional delay but they are not guaranteed and they cost more than the extension would have. Do not let it run down.
Ask about Filing an extension
We reply to every message within one business day. Or email support@trademarkfidelity.com.
Related
You may also need
Proof of Commerce Filing
The final step on an intent-to-use application. Get the specimen wrong here and you pay to do it twice.
From $199 + USPTO feeLearn moreFederal Trademark Filing
Your application classified, drafted and filed with the USPTO, with goods and services written to survive examination.
From $99 + USPTO feeLearn moreOffice Action Response
A refusal is not the end of your application. We prepare the response, with the legal argument and evidence the examiner needs.
From $249Learn moreProtect your brand before someone else does
Start with a free knock-out search. Send us the name and what you sell, and Trademark Fidelity will tell you plainly whether it is worth filing.