Notice of Allowance — what happens next

What is a Notice of Allowance?

The USPTO issues a Notice of Allowance when your mark has been approved for registration pending proof of use in commerce. This typically applies to applications filed on an intent-to-use basis (Section 1(b)). Your mark is not on the Principal Register until you submit an acceptable Statement of Use.

The six-month deadline

You have six months from the Notice of Allowance mailing date to either file a Statement of Use showing the mark in commerce, or request a six-month extension of time. Up to five extensions may be available if you need more time, but each extension requires a USPTO fee and a statement of ongoing efforts to use the mark.

Statement of Use requirements

To register, you must submit a specimen showing the mark as used in commerce, dates of first use anywhere and first use in commerce, a signed declaration, and applicable USPTO fees. The specimen must show how consumers encounter your mark when purchasing the goods or services listed in your application.

Specimens for goods vs. services

For goods, acceptable specimens include labels, tags, packaging, or website pages where the product can be ordered with the mark displayed. For services, specimens may include advertising, brochures, websites, signage, or materials showing the mark in connection with the services. Webpage specimens should include the URL and access date.

What if you are not using the mark yet?

If you are not yet using the mark in commerce, file an extension request before the deadline rather than submitting a deficient Statement of Use. Abandonment can occur if you miss deadlines without an approved extension.

Frequently asked questions