What is Notice of Allowance?
If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, the USPTO will issue a notice of allowance about twelve (12) weeks after the date the mark gets published, if no party files either an opposition or request to extend the time to oppose. The applicant then has six (6) months from the date of the notice of allowance to either: a) use the mark in commerce and submit a statement of use along with a filing fee of $100 per class of goods or services and the required specimens, or b) request a six-month extension of time to file a statement of use, along with a filing fee of $150 per class of goods or services Importantly, the USPTO will issue the registration certificate only after the statement of use is filed and approved.
Notice of Allowance is the written confirmation from the USPTO that the patent application is considered allowable. This can be made either at the first stage of examination or during subsequent stages of reconsideration. The notice would also request the payment of the patent issue fee. If the patent issue fee is not paid within three months from the date of notice, the application will be regarded as abandoned.
