What is a Notice of Allowance?
A Notice of Allowance is issued for certain trademark applications (such as "intent-to-use" applications) after the mark has been approved. It means the application is eligible for registration, but the applicant still must either:
File a Statement of Use showing the trademark is being used in commerce, or
Request an extension of time to do so.
A Notice of Allowance is not a registration. It begins the post-approval use period for an intent-to-use application, during which the applicant must either show qualifying use through a Statement of Use or timely request an extension.
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 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.
Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.
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.