You got a Notice of Allowance, so the USPTO has approved your mark. The registration only issues once you prove you’re using it. We prepare the Statement of Use, check your specimens and file it before your deadline, or file an extension if you need more time.
The rule in one line: file within 6 months of the Notice of Allowance, or extend in 6-month steps up to 36 months. USPTO fees are $150 per class to file and $125 per class per extension.
Enter the issue date on your Notice of Allowance and how many classes it covers. The ladder shows every deadline and the USPTO fee at each step.
Fees are the USPTO’s, checked on November 6, 2026. Our service fee is separate.
The date you first used the mark anywhere, and the date you first used it in commerce that crosses state lines or reaches customers in other states.
A real photo or screenshot of the mark on the product, its label or packaging, or on a page where customers can buy the service. See what counts as a specimen.
List every item you now use the mark on, and delete the rest. Items you delete are dropped from the registration; unused items left in can cause trouble later.
The specimen has to show the mark as it appears in the application. A redesigned logo may be refused as a “material alteration”.
The owner swears the facts are true. You sign it yourself from a verified USPTO.gov account.
$150 per class. Classes you aren’t using yet can be divided out into a separate application so the rest registers now.
Both prove use. Which one you file depends on where your application is.
File it while the application is still being examined, if you’ve started using the mark since filing. Same contents, same $150-per-class fee.
File it within six months of the Notice of Allowance, or keep extending. Between approval for publication and the Notice of Allowance, you can’t file either.
More background in our guide to intent-to-use vs use-in-commerce applications and what a Statement of Use is.
The USPTO examines the Statement of Use before registering. These are the problems we check for before anything is filed.
Images made in design software, or the mark added to a stock photo, aren’t proof of real use.
Photograph the actual product, tag or packaging, or capture a live page with a price and a way to order.
A changed font, added words or a new logo can make the specimen show a different mark.
Use a specimen showing the mark as filed, or ask whether the change is minor enough to amend.
The declaration covers every listed item, so unused ones can’t stay in.
Delete them, or divide the application so the used items register now and the rest keep extending.
The application is abandoned automatically.
Petition to revive if the delay was unintentional ($250 USPTO fee). Our abandoned mark help covers the options.
Which products or services, since when, and photos or screenshots of the mark in use.
A case analyst confirms the dates, tests each specimen against USPTO rules and flags items to delete or divide out.
You approve and sign the declaration, we file it in Trademark Center and watch TSDR until the registration issues.
It is the filing that proves you are now using your mark in commerce, so an intent-to-use application can register. It includes the dates you first used the mark, a specimen showing it in use for each class, and a signed declaration.
Within six months of the date the USPTO issues your Notice of Allowance. If you aren’t using the mark yet, you can request up to five six-month extensions, giving you up to 36 months in total from the Notice of Allowance.
$150 per class to file the Statement of Use, and $125 per class for each extension request. These are USPTO fees, separate from our service fee.
They contain the same information. An Amendment to Allege Use is filed before the mark is approved for publication; a Statement of Use is filed after the Notice of Allowance. Between those two points neither can be filed.
The application is abandoned. If the delay was unintentional, you can petition to revive it, usually within two months of the notice of abandonment, for a $250 USPTO fee. Otherwise you would need to file a new application.
Send us your Notice of Allowance and we’ll confirm your deadline and what to prepare.
Secure Mark USA is a trademark filing service, not a law firm, and does not provide legal advice or employ attorneys. USPTO fees and deadlines were checked on November 6, 2026 against the USPTO’s trademark fee information and can change. For advice about your rights, please consult a licensed trademark attorney.