T.M.E.P. § 1108
Requests for Extensions of Time to File the Statement of Use
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1108 Requests for Extensions of Time to File the Statement of Use
Section 1(d) of the Trademark Act, 15 U.S.C. 1051(d), requires that a statement of use be filed within six months after the issuance of the notice of allowance, or before the expiration of a previously granted extension of time to file a statement of use. If the mark is not in use in commerce before the expiration of the six-month period following the issuance of the notice of allowance, the applicant must file a request for extension of time to file a statement of use within the six-month period to avoid abandonment of the application.
The first six-month extension can be requested without a showing of good cause. Up to four additional six-month extensions can be requested, with a showing of good cause. 15 U.S.C. 1051(d)(2). Thus, the time available for filing the statement of use may not be extended beyond thirty-six months from the mailing date of the notice of allowance.
To expedite processing, it is recommended that the applicant file the extension request through TEAS, at http://www.uspto.gov/teas/index.html. Alternatively, an applicant can call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to obtain a pre-printed form. The applicant may mail, fax or hand-deliver the completed form to the Office. If the form is faxed, it must be accompanied by an authorization to charge the filing fee to a credit card or deposit account. The credit card authorization form is available at http://www.uspto.gov/web/forms/2038.pdf. If the extension request is filed though TEAS, payment must be made by credit card, deposit account or EFT.
Extension requests are handled by the ITU/Divisional Unit of the Office.