What is a Notice of Allowance (NOA) in the trademark process?

A Notice of Allowance (NOA) is a significant part of the trademark application process, specifically in relation to intent-to-use applications. Once a trademark application has been found to be registrable—meaning that it meets the legal requirements for registration but is based on an intent to use rather than actual use—the United States Patent and Trademark Office (USPTO) issues a NOA. This notice indicates that the application is approved for publication and subsequently informs the applicant that it has a set timeframe within which to file a Statement of Use.

The Statement of Use is a critical document where the applicant must confirm that the mark is in use in commerce. The NOA essentially establishes a deadline for submitting this Statement of Use, which typically must be filed within six months, with the possibility of extensions. This process ensures that the trademark is actively being used in the marketplace, aligning with the core principle that a trademark must signify a source of goods or services to be protected.

Other options such as indicating approval for a renewal, notifying of a rejection, or requesting additional information do not accurately reflect the function of a Notice of Allowance. Each of those potential scenarios pertains to different stages of the trademark process or different types of communications from the USPTO. Thus,