• What is the Intent to Use Notice of Allowance Period?
    This is only applicable to trademark applications that are filed on the basis of intent to use.
    Because U.S. Trademark law is based upon the commerce clause, lawful use in commerce needs to be demonstrated in order for a trademark application to mature into registration.
    A Notice of Allowance issues after the completion of the publication period.
    This starts the 3 year period within which use must commence. During the Notice of Allowance period, until use of the mark commences, every six months an extension request must be filed in order to keep the application pending. Once an allegation of use is filed demonstrating that the mark is in use for the goods identified in the application, the application will proceed to registration.
    At any time during the application process, an intent to use application can be converted to use except during the publication period.