T.M.E.P. § 1108.01
Time for Filing Requests for Extensions of Time to File the Statement of Use

Executive summary:

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1108.01 Time for Filing Requests for Extensions of Time to File the Statement of Use

Under 15 U.S.C. 1051(d), the applicant must file the extension request within six months of the mailing date of the notice of allowance, or before the expiration of a previously granted extension; otherwise the application is abandoned. 15 U.S.C. 1051(d)(4); 37 C.F.R. §§2.65(c) and 2.88(h).

Extensions of time are granted in six-month increments. 37 C.F.R. 2.89(c). The first extension will begin to run from the expiration of the six-month period following issuance of the notice of allowance. An applicant will receive the full benefit of each extension before a subsequent extension will begin to run. The six-month period following issuance of the notice of allowance (or any subsequent six-month extension period) will not be cut short by the grant of an extension. No extension will be granted for more than six months. 37 C.F.R. 2.89(b).

The applicant cannot file two extension requests within the same six-month period following the issuance of the notice of allowance. For example, if the notice of allowance is issued May 6, 2004, and the applicant files the first extension request on July 2, 2004, the applicant may file the second extension request no earlier than November 7, 2004 (the beginning of the second six-month period after issuance of the notice of allowance) and no later than May 6, 2005 (the expiration of the first extension of time to file a statement of use).

The Office will notify the applicant of the grant or denial of a request for an extension of time, and of the reasons for a denial. However, failure to notify the applicant of the grant or denial of an extension request before the expiration of the requested extension does not relieve the applicant of the responsibility of timely filing a statement of use or further extension request. 37 C.F.R. 2.89(g).

Under 37 C.F.R. 2.195(a)(2), an extension request filed through TEAS is considered to have been filed on the date the Office receives the transmission (Eastern Standard Time), regardless of whether that date is a Saturday, Sunday, or federal holiday within the District of Columbia. When an extension request is filed through TEAS, the Office immediately issues a confirmation of filing via e-mail that includes the date of receipt and a summary of the submission, which is evidence of filing should any question arise as to the filing date of the request. See TMEP §301 for more information about electronic filing.

A request for an extension of time to file a statement of use filed on paper is considered timely if it is mailed or transmitted by the due date with a certificate of mailing or facsimile transmission under 37 C.F.R. 2.197. See TMEP §§305.02 and 306.05 for certificate of mailing and certificate of facsimile transmission procedures to avoid lateness.