Statement of Use filing

Statement of Use Filing: Turn Your Intent-to-Use Application Into a Registration

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.

STATEMENT OF USE First use datesSpecimen per classGoods still in useSigned declaration READY TOFILE
Deadline planner

When is your Statement of Use due, and what will extensions cost?

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.

Your application

1 class

Fees are the USPTO’s, checked on November 6, 2026. Our service fee is separate.

    What goes in it

    What does the USPTO need in a Statement of Use?

    01

    Two first-use dates

    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.

    02

    A specimen for each class

    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.

    03

    Only goods you actually sell

    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.

    04

    The same mark you applied for

    The specimen has to show the mark as it appears in the application. A redesigned logo may be refused as a “material alteration”.

    05

    A signed declaration

    The owner swears the facts are true. You sign it yourself from a verified USPTO.gov account.

    06

    The USPTO fee

    $150 per class. Classes you aren’t using yet can be divided out into a separate application so the rest registers now.

    Same filing, different timing

    Statement of Use or Amendment to Allege Use?

    Both prove use. Which one you file depends on where your application is.

    Before approval for publication

    Amendment to Allege Use

    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.

    After the Notice of Allowance

    Statement of Use

    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.

    Avoid a refusal

    Why do Statements of Use get refused?

    The USPTO examines the Statement of Use before registering. These are the problems we check for before anything is filed.

    The specimen is a mockup or digital rendering
    Problem

    Images made in design software, or the mark added to a stock photo, aren’t proof of real use.

    Fix

    Photograph the actual product, tag or packaging, or capture a live page with a price and a way to order.

    The mark on the specimen doesn’t match the application
    Problem

    A changed font, added words or a new logo can make the specimen show a different mark.

    Fix

    Use a specimen showing the mark as filed, or ask whether the change is minor enough to amend.

    Goods are listed that you don’t sell yet
    Problem

    The declaration covers every listed item, so unused ones can’t stay in.

    Fix

    Delete them, or divide the application so the used items register now and the rest keep extending.

    The deadline passed without a filing
    Problem

    The application is abandoned automatically.

    Fix

    Petition to revive if the delay was unintentional ($250 USPTO fee). Our abandoned mark help covers the options.

    How we handle it

    What happens when you hire us to file it?

    STEP 1

    You tell us how you use the mark

    Which products or services, since when, and photos or screenshots of the mark in use.

    STEP 2

    We check and prepare

    A case analyst confirms the dates, tests each specimen against USPTO rules and flags items to delete or divide out.

    STEP 3

    You sign, we file and watch

    You approve and sign the declaration, we file it in Trademark Center and watch TSDR until the registration issues.

    Questions

    Statement of Use FAQ

    What is a Statement of Use?

    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.

    When is the Statement of Use due?

    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.

    How much does a Statement of Use cost at the USPTO?

    $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.

    What is the difference between a Statement of Use and an Amendment to Allege Use?

    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.

    What happens if I miss the deadline?

    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.

    Close out your application

    Send us your Notice of Allowance and we’ll confirm your deadline and what to prepare.

    Start my Statement of Use

    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.