A formal notification from the United States Patent and Trademark Office (USPTO) indicating that a trademark application has passed the examination process and will be allowed for registration once additional requirements are met, usually proof of actual use in commerce.
What is a Notice of Allowance (NoA)?
A Notice of Allowance is issued in the trademark application process when the USPTO has reviewed and approved an application filed on an “Intent to Use” (ITU) basis, and the mark has successfully passed opposition in the Official Gazette period. The NOA means the USPTO has essentially approved the trademark for registration, but before it can be finalized, the applicant must submit evidence showing that the mark is being actively used in commerce in connection with the goods or services listed in the application.
This proof is provided by filing a Statement of Use (SOU), along with an acceptable specimen that demonstrates actual use of the mark. Applicants have six months from the NOA issuance date to file the SOU or request an extension. Up to five extensions can be requested, giving a maximum of three years from the NOA date to show use.
For non-U.S. applicants, receiving a Notice of Allowance is an important milestone, but it also starts a time-sensitive process. Failing to submit the required Statement of Use or extension requests within the deadlines will result in the application being abandoned. Because of this, it is critical to track these deadlines carefully and ensure that your trademark is in actual use in U.S. commerce before the final registration can be issued.
