1108.02(e)   Bona Fide Intention to Use the Mark in Commerce  

A request for an extension of time to file a statement of use must include a verified statement that the applicant has a continued bona fide intention to use the mark in commerce on or in connection with the goods/services identified in the notice of allowance.  37 C.F.R. §2.89(a)(3), 2.89 (b)(3).  This is a statutory requirement that must be satisfied before expiration of the statutory period for filing the extension request.  15 U.S.C. §1051(d)(2). In re Custom Techs., Inc., 24 USPQ2d 1712 (Comm’r Pats. 1991).

The USPTO will accept an allegation of actual use in commerce as meeting the requirement for an allegation of bona fide intention to use the mark in commerce in an extension request.  In re Vitamin Beverage Corp., 37 USPQ2d 1537, 1539 (Comm’r Pats. 1995).

See TMEP §1101 for additional information about the requirement for an allegation of the applicant’s bona fide intention to use the mark in commerce.