USPTO procedure guide · Intent-to-use filings
What is a Statement of Use?
If you filed before you started selling, the Statement of Use is the step that turns your allowed application into a registration. Here's when it's due, what it costs, what to send, and what happens if you need more time.
By Bill, Business Growth Expert · Verified and checked on October 26, 2026
The 36-month clock after your Notice of Allowance
Short answer
A Statement of Use (SOU) is the filing that proves you are now using a mark you applied for on an intent-to-use basis. It is due within six months of the Notice of Allowance and costs $150 per class. You need a specimen showing real use, your first-use dates and a signed declaration. If you aren't selling yet, you can buy up to five six-month extensions at $125 per class each, for 36 months in total.
When do you file a Statement of Use?
Only after the USPTO issues a Notice of Allowance. That happens when your intent-to-use application has been examined, published for opposition, and no one has successfully opposed it. The six-month deadline runs from the date on that notice, not from your filing date.
Already selling before approval?
You can file an Amendment to Allege Use instead, before the application is approved for publication. It needs the same evidence and the same $150-per-class fee.
The gap in between
Between approval for publication and the Notice of Allowance, you can't file either one. Wait for the notice, then file the Statement of Use.
What do you need to file a Statement of Use?
| Item | What the USPTO wants |
|---|---|
| Specimen | A real example of the mark in use, such as a product label, packaging, or a web page with a way to buy. Not a mockup. |
| Dates of first use | When you first used the mark anywhere, and when you first used it in commerce across state lines or with foreign customers. |
| Goods and services | Confirm use for everything listed, or delete the items you aren’t using yet. |
| Signed declaration | A verified statement that the mark is in use, signed by the owner or someone authorized to sign. |
| Fee | $150 per class, filed electronically. |
The specimen is where most Statements of Use run into trouble. See what makes an acceptable trademark specimen before you take the photo or screenshot.
What if you aren’t using the mark yet?
File a request for an extension of time before the current deadline passes. Each extension adds six months and costs $125 per class. You can file up to five, so the latest possible Statement of Use is 36 months after the Notice of Allowance.
- First extension: you only need to confirm you still intend to use the mark.
- Second to fifth: you must also explain your ongoing efforts, such as product development, manufacturing, or arranging distribution.
- Using it for only some goods? You can file the Statement of Use for those and keep extending the rest by dividing the application ($100 per new application created).
What happens if you miss the deadline?
The application is abandoned. If the deadline was missed unintentionally, you can usually petition to revive it within two months of the notice of abandonment, for a $250 fee, by filing the missing Statement of Use or extension request with the petition. After that window, you generally have to start over with a new application and lose your original filing date. Our intent-to-use vs use-in-commerce guide explains when filing early makes sense.
Need help with your Statement of Use or extension?
See our filing packagesStatement of Use questions
What is a Statement of Use for a trademark?
It is the filing that proves an intent-to-use trademark is now being used in commerce. The USPTO needs it before it will register the mark.
How much does a Statement of Use cost?
$150 per class when filed electronically. Each six-month extension costs $125 per class.
When is a Statement of Use due?
Within six months of the Notice of Allowance. You can extend that deadline in six-month steps up to 36 months in total.
What is the difference between an Amendment to Allege Use and a Statement of Use?
Both prove use. An Amendment to Allege Use is filed before the application is approved for publication, and a Statement of Use is filed after the Notice of Allowance.
What happens after the Statement of Use is accepted?
The USPTO registers the mark and issues the registration certificate. If the examiner finds a problem, such as an unacceptable specimen, you will get an Office Action to respond to first.
Related guides
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Fees and deadlines are taken from USPTO rules on the date shown.
Sources
- 37 C.F.R. §2.6: Trademark fees (Statement of Use $150; extension $125; request to divide $100), checked October 26, 2026
- 37 C.F.R. §2.88: Statement of use after notice of allowance
- 37 C.F.R. §2.89: Extensions of time for filing a statement of use
- 37 C.F.R. §2.66: Revival of applications abandoned for failure to respond or file a statement of use
- USPTO: Fee schedule
Verified and checked on October 26, 2026.