Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Basics, search & filing guide
Short answer: A notice of allowance means your intent-to-use trademark application survived examination and the opposition period. It is not a registration yet. You have six months to file a statement of use showing the mark in actual use, or to request a six-month extension. You can request up to five extensions, for a maximum of 36 months from the notice of allowance.
What is a notice of allowance?
If you filed based on a bona fide intent to use your mark — a Section 1(b) application — the USPTO issues a notice of allowance once your mark has been approved and published and no one has successfully opposed it. It confirms the mark is allowed to register as soon as you prove you are using it.
What is a statement of use?
A statement of use (SOU) is your sworn declaration that you are now using the mark in commerce with the goods or services listed in the application. It includes:
- The date you first used the mark anywhere and the date of first use in interstate commerce
- A specimen showing the mark as customers actually see it — on a product label, packaging, or a webpage where the goods can be purchased, or in advertising for services
- The USPTO fee, currently $150 per class under the 2025 fee schedule
You can only claim goods and services you are actually using the mark on. Anything you are not yet using must be deleted or split into a separate application.
How do extension requests work?
- Each extension adds six months. You can file up to five, for a total of 36 months from the notice of allowance.
- The first extension does not require you to explain why you need more time.
- Later extensions require a statement that you still intend to use the mark and a description of your ongoing efforts, such as product development, manufacturing, or marketing.
- Each request carries a per-class fee — currently $125 per class for an extension request under the 2025 fee schedule.
What happens if I miss the deadline?
The application is abandoned. You may be able to revive it with a petition, generally within two months of the notice of abandonment. But there is a hard stop: if no statement of use is filed within 36 months of the notice of allowance, the application cannot be revived and you would need to start over with a new filing.
Can I file a statement of use before the notice of allowance?
Yes. If you start using the mark while the application is still in examination, you can file an amendment to allege use, which converts the application to use-based and lets it register right after publication instead of waiting for a notice of allowance.
Docketing these deadlines is part of what we do for every intent-to-use client. If you filed on your own and just received a notice of allowance, we can take it from here — see our flat-fee pricing.
Frequently asked questions
How long do I have to file a statement of use after a notice of allowance?
Six months from the notice of allowance. You can request up to five six-month extensions, for a maximum of 36 months.
Is a notice of allowance the same as a trademark registration?
No. A notice of allowance means the mark is approved to register, but registration only issues after you file an acceptable statement of use showing the mark in use.
What does a statement of use cost?
The USPTO fee is currently $150 per class under the 2025 fee schedule, in addition to any attorney fees.
Can I revive an application if I missed the statement of use deadline?
Usually, if you act within two months of the notice of abandonment. But no statement of use can be accepted more than 36 months after the notice of allowance, so revival is not possible past that point.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.