How many Statement-of-Use extensions can I request?
An applicant may request up to five extensions of time to file a Statement of Use (SOU). Each extension provides an additional six-month period, allowing the applicant up to 36 months from the Notice of Allowance date to demonstrate use of the trademark in commerce.
An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.
Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.
A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.
A Notice of Allowance is a USPTO notice issued after an intent-to-use application has completed publication. It does not mean the mark is registered; it means the applicant must next prove use or request additional time.