Extension Request Law and Legal Definition

Extension request is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner. It states that the applicant still has a bona fide intention to use the mark in commerce, and needs additional time to use the mark in commerce. A filing fee per class of goods or services must accompany the extension request. If the extension request, the owner gets an additional six months to either: 1) use the mark in commerce and file a Statement of Use, or 2) file another extension request.

Extension requests can be continued to file every six months. However, the mark should be used and a statement of use should be filed within three years of the issue date of the notice of allowance. The U.S. Patent and Trademark Office (USPTO) will not register a mark if a statement of use has not been filed even after thirty-six months of the issue date of the notice of allowance.