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If an applicant is not prepared to file a Statement of Use, a Request for an Extension of Time can be filed with the United States Patent Trademark Office (USPTO). An applicant is permitted five Requests For Extensions to File A Statement Of Use.
The Power of the Intent to Use Trademark So, you cant go filing an intent to use trademark on any name, willy-nilly. You need to demonstrate genuine intent to use the name. You can reapply for five additional six month periods, according to the USPTO, for a total of three years worth of trademark protection.
An Intent-To-Use (ITU) trademark application cannot be assigned to a new owner prior to the original applicant filing evidence of use. In other words, the original applicant of an ITU must first use the trademark in connection with the goods or services identified in the trademark application.
To file an ITU, the applicant must show a good faith intention to use the mark in the future by submitting a sworn statement in the application subject to criminal penalties. ITU application enables a trademark applicant to reserve the trademark rights against a potential competitor.
The notice of allowance If you need to file a Statement of Use, the USPTO will send you a Notice of Allowance (NOA). If you receive an NOA, it usually means that your trademark has passed nearly all the steps in the registration process and is almost ready to be registered.