The Notice of Allowance

In the world of intellectual property prosecution, receiving a Notice of Allowance (NOA) from the United States Patent and Trademark Office (USPTO) is generally a reason to celebrate. Normally, it means your application has cleared the major hurdles of examination. However, the legal weight and the next steps required differ significantly between trademarks and patents.

Notice of Allowance in Trademarks

In a trademark context, an NOA is a specific document issued only for Intent-to-Use (ITU) applications. It is not the final registration, but rather a green light from the USPTO to proceed to registration.

• What it means: the USPTO has reviewed your application, found no conflicting marks, and published it for opposition. Since no one opposed it, the government is now allowing the mark to proceed to registration.
• The Catch: however, the mark has not actually registered yet.
• Next Step: within 6 months from the date on the NOA, either:
  1. File a Statement of Use (SOU), proving you are now using the mark in commerce, or
  2. Request a 6-month extension of time. You can file an extension up to five times, for a total of 36 months, until you have established use of the mark in commerce.

Notice of Allowance in Patents

In patent prosecution, the NOA is the final major notice from the USPTO after completing the rigorous prosecution with a patent examiner.

• What it means: the examiner has determined that your invention is novel, nonobvious, and useful, and that your claims are in a condition for allowance.
• Next Step: the issue fee must be paid within 3 months. Unlike trademarks, this deadline is non-extendible.
• Result: once the fee is paid, the USPTO will process the application and issue the formal Letters Patent.

Key Differences at a Glance

Feature	Trademark NOA	Patent NOA
Plain Language Meaning	The mark is reserved for now, but prove use of the mark	The invention is approved; now pay the final bill.
Requirements	Only for Intent-to-Use applications	For all successful patent applications
Deadline	6 months	3 months
Extensions	5 total	No
Final Result	Leads to Statement of Use filing	Leads to issuance of the Letters Patent

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Why the distinction matters

If you treat a trademark allowance like a patent allowance, you might accidentally let your rights lapse. In patents, the NOA is very close to the finish line, but in trademarks, the NOA is more like a halfway point.

For more information about Notices of Allowance, please contact Yonaxis I.P. Law Group.