Statement of Use: What It Is, When to File, and How Much It Costs (2026)
A Statement of Use (SOU) is the sworn filing that proves your trademark is actually being used in commerce — required for every intent-to-use application before the USPTO will issue a registration. You have six months from your Notice of Allowance to file it, with extensions available in six-month increments (up to five extensions, three years total). The USPTO fee is $150 per class; extension requests run $125 per class. At Michael Meyer Law, attorney handling of an SOU filing is $100 plus the USPTO fee.
If you filed your trademark application on an intent-to-use basis, registration doesn't happen automatically once the USPTO approves your mark — you still have to prove you're actually using it. This guide covers what a Statement of Use requires, the deadlines that govern it, what counts as acceptable proof of use, extension options if you're not ready, and the mistakes that most often derail this final step.
- What Is a Statement of Use?
- Intent-to-Use vs. Use-in-Commerce: Why the SOU Exists
- The Six-Month Deadline After Your Notice of Allowance
- Extensions of Time: How Many You Get and What They Cost
- What the SOU Must Include
- What Counts as Genuine Use in Commerce
- Specimens: Showing the Mark Actually in Use
- Statement of Use Costs
- Common Mistakes That Delay or Derail an SOU
- Frequently Asked Questions
What Is a Statement of Use?
A Statement of Use is a sworn declaration filed with the USPTO confirming that your trademark is now being used in commerce in connection with the goods or services listed in your application. It exists specifically for applications filed under the intent-to-use basis (Section 1(b)) — a filing option that lets you lock in a priority date for a mark before you've actually launched.
The USPTO does not register a mark on intent alone. At some point, you have to show the government that the trademark moved from an idea to something real in the marketplace. The Statement of Use is that proof.
Intent-to-Use vs. Use-in-Commerce: Why the SOU Exists
When you file a trademark application, you choose one of two filing bases:
Use-in-Commerce (Section 1(a))
You're already selling the goods or providing the services under the mark. You submit a specimen showing actual use at the time of filing — no Statement of Use is needed later, since you've already proven use upfront.
Intent-to-Use (Section 1(b))
You have a genuine, good-faith intention to use the mark, but haven't launched yet. This locks in your priority date immediately — a real advantage if you're still finalizing a product but want to secure the name now. The tradeoff: you must file a Statement of Use (or a valid extension) before the USPTO will actually register the mark.
The intent-to-use pathway is common for businesses that want to secure a name before a product launch, a rebrand announcement, or a funding round — locking in priority before the reveal makes the name valuable to competitors.
The Six-Month Deadline After Your Notice of Allowance
Once your intent-to-use application clears examination and the 30-day publication period without opposition, the USPTO issues a Notice of Allowance (NOA) — not a registration, but confirmation that the mark is approved pending proof of use.
From the date of the Notice of Allowance, you have six months to do one of two things:
- File a Statement of Use with an acceptable specimen showing the mark in commercial use, or
- File a Request for Extension of Time if you're not yet using the mark
Missing this deadline without filing an extension results in the application going abandoned — with no grace period. For the full context of where the Notice of Allowance fits into the overall federal registration timeline, see our trademark registration process guide.
Extensions of Time: How Many You Get and What They Cost
If your brand isn't ready for commerce within six months of the Notice of Allowance, the USPTO allows extension requests — each one buying an additional six months, provided you still have a genuine, good-faith intention to use the mark.
How Many Extensions Are Available
Up to five extension requests, each covering six months, for a maximum of three years total from the date of the Notice of Allowance. After that window closes, the USPTO expects to see the mark actually in use — there is no further extension beyond the three-year cap.
What an Extension Costs
The USPTO filing fee for each extension request is $125 per class. Each extension is a separate filing with its own fee — requesting all five extensions for a single-class mark costs $625 in USPTO fees alone, on top of whatever you already paid for the initial application.
Extensions are a legitimate tool, not a workaround — but each one is a real cost and a real deadline. Businesses that expect to need multiple extensions should budget for them from the start rather than treating each one as a surprise.
What the SOU Must Include
A complete, acceptable Statement of Use has three required components:
Date of First Use
The specific date the trademark was first used in commerce in connection with the goods or services listed in the application. This date matters for establishing your enforceable rights going forward.
Specimen
Real-world evidence showing the mark as actually used — a product label, packaging photo, or website screenshot, depending on whether you're registering for goods or services. A mock-up or concept design does not qualify.
Signed Declaration
A sworn statement, signed under penalty of perjury, affirming that the mark is genuinely in use in commerce as described. Filing a false declaration is a serious matter that can jeopardize the entire application.
What Counts as Genuine Use in Commerce
The USPTO requires bona fide use — real, substantial commercial use, not a token gesture designed only to satisfy the filing requirement. A single sale to a friend to "prove" use, or a product that technically exists but isn't actually available for purchase, does not meet the standard.
Example: Apparel Placement Matters
For a clothing brand, the mark must appear on an actual physical garment — not a 3D rendering or mock-up. Placement matters too: the mark typically belongs on the breast area or the interior neck tag, in a size and manner consistent with how brands actually label garments. A name or logo printed oversized across the front of a shirt risks an ornamental refusal — the USPTO treating it as decoration rather than a source-identifying trademark.
Example: Website Specimens Must Allow an Actual Purchase
If you're using a website as your specimen, the examining attorney must be able to visit the site and actually complete a purchase of the goods. A page that displays the product but has no functioning way to buy it — no cart, no checkout, no "add to cart" that leads anywhere — does not satisfy the use requirement, even if the mark is clearly visible on the page.
Specimens: Showing the Mark Actually in Use
The specimen is the evidentiary core of the Statement of Use — it's the USPTO's actual proof, not just your assertion, that the mark is in commercial use. Acceptable specimens vary by what you're registering:
- For goods: A product label, hangtag, packaging photo, or a photo of the product itself showing the mark, or a webpage where the product can actually be purchased.
- For services: A website screenshot, advertising material, or brochure showing the mark used in connection with the specific services described in the application.
The specimen must show the mark exactly as it appears in your application — not a variation, and not just the mark appearing incidentally somewhere unrelated to identifying the source of the goods or services.
Statement of Use Costs
The Statement of Use has its own government filing fee, separate from the fee you paid to file the original application. If extensions are needed, those carry additional fees on top.
Budgeting for this early matters, especially for multi-class applications — extension and SOU fees are charged per class, so a three-class application filing two extensions before eventually submitting the SOU pays those fees three times over. For the complete cost picture of registering a trademark from search through filing, see how much a trademark costs.
Common Mistakes That Delay or Derail an SOU
Inadequate Specimens
Submitting a mock-up, a digitally altered image, or a specimen that doesn't clearly show the mark as actually used is one of the most common reasons an SOU gets refused and has to be resubmitted.
Missing the Statutory Deadline
The six-month window from the Notice of Allowance is firm. Missing it without filing an extension request in time results in abandonment — with no grace period to fall back on.
Filing Under the Wrong Entity
The party filing the SOU must match the actual owner of the mark using it in commerce. A mismatch between the applicant of record and the entity actually conducting business under the mark creates complications that can require correction before the SOU is accepted.
A Website That Shows the Product But Doesn't Sell It
As noted above, a website specimen only works if an examining attorney could actually complete a purchase on the page. A product page with no functioning checkout is a common, avoidable refusal.
Frequently Asked Questions
What is a Statement of Use in trademark law?
A Statement of Use is a sworn filing submitted to the USPTO proving that a trademark filed on an intent-to-use basis is now actually being used in commerce. It includes the date of first use, a specimen showing the mark in use, and a signed declaration, and it's required before the USPTO will issue a registration for an intent-to-use application.
How long do I have to file a Statement of Use?
Six months from the date of your Notice of Allowance. If you're not ready to use the mark by then, you can file a Request for Extension of Time, available in six-month increments for up to five extensions — a maximum of three years total from the Notice of Allowance.
How much does a Statement of Use cost?
The USPTO filing fee is $150 per class. Extension requests, if needed, cost $125 per class each. At Michael Meyer Law, attorney handling of the SOU filing itself is a flat $100, in addition to the USPTO fee.
What happens if I miss the Statement of Use deadline?
If you don't file a Statement of Use or a valid extension request within the six-month window (or before your remaining extension time runs out), the application is abandoned. There is no grace period. You would need to file an entirely new application, with a new filing date and no guarantee that the mark is still available.
What counts as an acceptable specimen for a Statement of Use?
For goods, a product label, hangtag, packaging photo, or a webpage where the product can actually be purchased. For services, a website screenshot, brochure, or advertising material showing the mark used in connection with the specific services in the application. The specimen must show genuine use, not a mock-up or concept design.
Can I file more than five extensions if I still need more time?
No. Five extensions is the maximum, capping total time at three years from the Notice of Allowance date. After that window, the USPTO expects the mark to be in actual use — there is no further extension available beyond the cap.
Do I need an attorney to file a Statement of Use?
It's not legally required, but an attorney familiar with USPTO specimen standards can catch a defective specimen before submission rather than after a refusal costs you time against your deadline. This is especially valuable for website and apparel specimens, where placement and functionality issues are common, avoidable causes of refusal.
Ready to File Your Statement of Use?
Michael Meyer is a USPTO-registered trademark attorney (Reg. No. 78,575) who has handled over 200 trademark matters before the USPTO. Attorney handling of a Statement of Use filing is a flat $100, plus the $150 USPTO fee per class — with a specimen review to catch problems before they become refusals.
This article is for informational purposes only and does not constitute legal advice. Trademark law involves fact-specific analysis — contact a licensed attorney to discuss your specific situation.
Written by Michael Meyer, USPTO-Registered Patent & Trademark Attorney, Reg. No. 78,575. Michael has been involved in over 400 patent matters and 200 trademark matters before the USPTO. View credentials and verify license.