TMEP 1108.02: Requirements for Request for an Extension of Time to File a Statement of Use

This is the October 2015 Edition of the TMEP

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1108.02    Requirements for Request for an Extension of Time to File a Statement of Use

First Extension Request

The first request for an extension of time to file a statement of use must include: (1) a written extension request from the applicant, before expiration of the six-month period following issuance of the notice of allowance; (2) the prescribed fee for each class; and (3) a verified statement signed by the applicant or a person properly authorized to sign on behalf of the applicant (TMEP §804) that, for a trademark or service mark, the applicant has a continued bona fide intention to use the mark in commerce, for a collective or certification mark, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce, and specify the relevant goods/services/collective membership organization identified in the notice of allowance. 37 C.F.R. §2.89(a).

Second and Subsequent Extension Requests

A second or subsequent extension request must be submitted before expiration of a previously granted extension of time and must include: (1) a written extension request from the applicant; (2) the prescribed fee for each class; (3) a verified statement signed by the applicant or a person properly authorized to sign on behalf of the applicant that, for a trademark or service mark, the applicant has a continued bona fide intention to use the mark in commerce, for a collective or certification mark, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce, and specify the relevant goods/services/collective membership organization identified in the notice of allowance; and (4) a showing of good cause, as required by 37 C.F.R. §2.89(d). 37 C.F.R. §2.89(b). Extensions of time under 37 C.F.R. §2.89(b) (i.e., second and subsequent extension requests) are granted in six-month increments and may not aggregate more than 24 months. 37 C.F.R. §2.89(c).