Request for Extension of Time to File a Statement of Use Law and Legal Definition

This is otherwise known as Extension Request. In the context of Patent law, Extension request is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner. This request 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/services should accompany the Extension Request.

The Extension Request is usually granted it if gives the owner an additional six months to either use the mark in commerce and file a Statement of Use; or file another Extension Request. One can continue filing Extension Requests every six months. However, one should use the mark and file a Statement of Use within three years of the issue date of the Notice of Allowance. The United States Patent and Trademark Office (PTO) will not register a mark if a Statement of Use has not been filed after thirty-six months of the issue date of the Notice of Allowance.