What Is a Statement of Use? USPTO Deadlines, Cost & Steps (2026)
Filed an intent-to-use trademark application? Before it can register, you must prove the mark is actually being used. That proof is the Statement of Use. Here is what it is, when it is due, and how to file it.
Free Trademark Search →What is a Statement of Use?
A Statement of Use is a sworn USPTO filing that confirms an intent-to-use (Section 1(b)) trademark is now in actual use in commerce. It is only required for intent-to-use applications — if you already used your mark when you first applied (a use-based application), you never file one.
The SOU includes three things: a specimen showing how the mark appears on your goods or in connection with your services, the date you first used the mark anywhere and the date you first used it in commerce, and the $100-per-class government fee. Filing it is the step that connects your trademark registration to real-world use, which is what the USPTO requires before your mark joins the register as protected intellectual property and brand protection.
When do you file a Statement of Use?
You file a Statement of Use within six months of the date the USPTO issues your Notice of Allowance. The Notice of Allowance is sent after your intent-to-use application clears examination and the opposition period, signaling the mark is approved but not yet registered because use has not been shown.
If you are not yet using the mark in commerce, you can buy time by filing a Request for an Extension of Time, currently $125 per class, in six-month increments. You may file up to five extensions, giving you a maximum of 36 months from the Notice of Allowance to submit the SOU. Miss every deadline and the application goes abandoned, so calendar these dates carefully.
How do you file a Statement of Use step by step?
Filing a Statement of Use starts with a valid specimen and ends with the USPTO placing your mark on the Principal Register. First, confirm the mark is in genuine use in commerce for the goods or services listed. Second, gather a proper specimen — a product label or packaging for goods, or a webpage or advertisement for services (a mock-up is not acceptable).
Third, record your date of first use anywhere and your date of first use in commerce. Fourth, submit the SOU through the USPTO with the $100-per-class fee in the same class or classes you originally applied in. An examining attorney reviews the specimen; if it is acceptable, the USPTO issues the registration certificate. Secure Mark USA can prepare and file the SOU with the USPTO so your specimen and dates meet the requirements.
Need help filing your Statement of Use?
Secure Mark USA prepares intent-to-use applications and Statements of Use with the USPTO. Applications start from $99 plus the $350-per-class government fee — let us keep your filing on schedule.
Start Your RegistrationKey takeaways
- A Statement of Use proves an intent-to-use trademark is now used in commerce.
- It is due within six months of the USPTO Notice of Allowance.
- The SOU government fee is $100 per class; extensions cost $125 per class.
- You may file up to five extensions — a maximum of 36 months from the Notice of Allowance.
- Use-based applications never file an SOU, because use is shown at filing.
Frequently asked questions
Who has to file a Statement of Use?
Only applicants who filed on an intent-to-use (Section 1(b)) basis. If your original application was use-based, you submitted your specimen and dates then and do not file a separate Statement of Use.
What is the fee for a Statement of Use?
The USPTO government fee is $100 per class of goods or services. If you need more time, a Request for an Extension of Time costs $125 per class per six-month period.
How long do I have to file it?
Six months from the Notice of Allowance, extendable in six-month blocks up to five times, for a maximum of 36 months. If you never file, the application is abandoned.
What counts as an acceptable specimen?
For goods, a label, tag, packaging, or product page showing the mark on the item; for services, an advertisement or webpage offering the service under the mark. Digitally created mock-ups are not accepted.
Do I need a lawyer to file a Statement of Use?
U.S.-domiciled applicants are not required to use an attorney. Secure Mark USA is a USPTO trademark filing service, not a law firm, and does not give legal advice; we prepare and file the SOU so your specimen and dates are correct.
Helpful resources
Trademark Registration · Free Trademark Search · USPTO Trademark Classes · Trademark Registration Cost · Respond to an Office Action
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From the intent-to-use application to the Statement of Use, Secure Mark USA handles the USPTO paperwork. Start with a free trademark search to confirm your mark is available.
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