You can file an extension request with the required fees.
You must file the first extension request within six months after we issue the NOA. You must pay a fee and include in your request a verified statement of your continued bona fide intention to use your mark in commerce. You will then have one year from the date we issued the NOA to submit your Statement of Use.
You can file four more extension requests. Each of these requests covers a consecutive six-month extension period. We must receive your request before the previous six-month extension period expires. In addition to the requirements for a first extension request, a subsequent extension request must include a showing of “good cause,” which is a statement of your ongoing efforts to make use of your mark, such as market research or steps to acquire distributors.
If you request all five extensions, you have a maximum possible extension time of 36 months from the date we issued the NOA to file your Statement of Use.
If you think you might need more time to correct a type of deficiency that must be corrected before the deadline for filing the Statement of Use—for example, to correct issues with your specimen or dates of use—you could preemptively file an extension request when you file your Statement of Use or afterwards (if you have not already filed the maximum of five of extension requests and there is time remaining in a previously granted extension period). This is called an “insurance” extension request. If you cannot fix your Statement of Use, your application will be abandoned and your only option will be to file a new application with new fees.
You must timely file a Statement of Use. If you do not timely file an acceptable Statement of Use, your application will be abandoned. This means that we can no longer process your application and your mark will not register as a trademark or service mark. In this situation, we do not refund filing fees. To restart the processing of your application, you must file a petition to revive your application within two months of the date we issue the notice of abandonment, and include the appropriate fee. If you do not file the petition within that timeframe, we will deny your petition as untimely and your only option would be to file a new application with new fees.
For more information about filing an extension request, see the Trademark Manual of Examining Procedure (TMEP) §1108-1108.05. To file an extension request, go to the online form in the Trademark Electronic Application System (TEAS).
For more information about a petition to revive, see our Trademark Information Network video, “Petitions.” To file a petition to revive your application, go to the online form in the Trademark Electronic Application System (TEAS).