US Trademark registration – Notice of Allowance

A Notice of Allowance allows you to submit statements of use to show that you are using your mark in business. If initially you applied for a trademark and relied on filing basis “intent to use.” This means you did not submit any evidence of use as to whether you are using your mark in business. This does not cause any issues with your application process.

The United States Patent Trademark Office wants to see that you are using your applied for trademark in business before they officially grant you trademark registration. The following are examples of evidence  of use which can be submitted to show the examiner you are using it in business: website, pamphlet, catalogs, manuals, photos of products, invoices, receipts, label, tag, facebook, Instagram, twitter, billboard. All are not necessary as evidence that you are using it in business.

The USPTO will send you a ‘Notice of Allowance’ by email informing you that a timely response is required.   If you have received a notice of allowance this will be the last stage in the application process. To submit the application a fee of 100 USD is required by the USPTO.

The Notice of Allowance will inform you of the following:

  1. No opposition was filed for your published application –

Your applied for mark has already been up for publication which allowed for other trademark owners to oppose your trademark from being registered. This maybe because it could damage the others trademark reputation. If you have received a NOA this means no one opposed your mark.

  1. 6 months deadline to file Notice of Allowance –

The deadline is 6 months from the issue date of the notice of allowance. If you cannot meet this deadline option three below is available.

  • Extension request-

If you are not yet using your mark in commerce you can file up to 5 extensions every six months. Notice of Allowance cannot be filed 36 months after receiving the NOA notification.

It is important to keep track of a notification for a Notice of Allowance. Failure to file your Notice of Allowance will result in abandonment of your applied for trademark. This means you will have to reapply to the USPTO with the required fee.

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