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Trademark Protection

NOTICE OF ALLOWANCE (NOA) ISSUES FOR “INTENT-TO-USE” APPLICATION

If no opposition or extension of time to oppose is filed or you successfully overcome an opposition, you do not need to take any action for the application to enter the next stage of the process. Absent any opposition-related filings, the USPTO generally will issue a NOA about 8 weeks after publication.

A NOA indicates that your mark has been allowed, but does not mean that it has registered. As the next step to registration, within 6 months of the issue date of the NOA you must:

  • Submit a “Statement of Use” if you filed based on intent to use (Section 1(b)) and are now using the mark in commerce;
  • Begin using the mark in commerce and then submit a “Statement of Use;” or
  • Submit a six-month “Request for an Extension of Time to File a Statement of Use” if you need additional time to begin using the mark in commerce.

Forms for filing both the Statement of Use and Extension of Time are at the TEAS Forms page.

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