What is a Trademark Statement of Use?
Updated: 2 hours ago
If you filed a trademark application with the United States Patent and Trademark Office (USPTO) before you started using your trademark in business, you will eventually need to prove that you are actually using it. This is where a Trademark Statement of Use comes in.
A Statement of Use (SOU) is a formal filing submitted to the USPTO confirming that your trademark is being used in commerce in connection with the goods or services identified in your application.
For many businesses, filing a Statement of Use is the final major step toward obtaining a federal trademark registration.
When Do You Need to File a Statement of Use?
A Statement of Use is required when you initially file your trademark application on an Intent-to-Use basis (Section 1(b)).
An Intent-to-Use application allows you to apply for federal trademark protection before you actually begin selling your products or providing your services under the trademark.
For example, imagine you are launching a new clothing brand called "SUNSET THREADS."
You have selected the name, designed your logo, and started building your website, but you have not yet started selling clothing.
You can file an Intent-to-Use trademark application before launching your business. However, before the USPTO can issue your registration, you generally must demonstrate that you are actually using the trademark in commerce.
You accomplish this by filing a Statement of Use.
Important: If you were already using your trademark in commerce when you filed your application under Section 1(a), you generally do not need to file a separate Statement of Use.
What Is Required for a Trademark Statement of Use?
A Statement of Use generally requires the following information:
1. Confirmation of Use: A declaration that your trademark is being used in commerce for the goods or services covered by the filing.
2. Dates of First Use: The date you first used the trademark anywhere and the date you first used it in commerce that Congress can regulate.
3. Trademark Specimen: Evidence showing how your trademark is actually being used in connection with your products or services.
4. Government Filing Fee: Payment of the applicable USPTO filing fee for each class.
5. Signed Declaration: Verification of the required information by an authorized person.
The USPTO reviews this information to determine whether your trademark meets the requirements for registration.
What Is a Trademark Specimen?
A trademark specimen is a real-world example showing how your trademark is used in business.
The type of specimen you need depends on whether your trademark identifies products or services.
For products (goods):
Acceptable specimens may include:
- A photograph of your trademark appearing on product packaging or labels.
- A photograph of your trademark displayed directly on your product.
- A product webpage showing the trademark, the product, and a way for customers to purchase it.
For services:
Acceptable specimens may include:
- A website advertising your services under the trademark.
- A brochure or advertisement showing the trademark in connection with the services offered.
- Business signage displaying the trademark in connection with your services.
Not every photograph, website screenshot, or advertisement will qualify. The specimen must satisfy the USPTO's requirements and show genuine trademark use in commerce.
For example, simply designing a logo or creating a website that says "Coming Soon" generally does not establish actual use in commerce.
How Long Do You Have to File a Statement of Use?
After the USPTO approves your Intent-to-Use application and the trademark completes the publication process without a successful opposition, the USPTO issues a Notice of Allowance.
You then have six months from the date of the Notice of Allowance to either:
1. File your Statement of Use, if your trademark is being used in commerce; or
2. Request a six-month extension if you are not yet ready to demonstrate use.
The USPTO generally permits up to five six-month extensions, allowing a maximum of three years from the Notice of Allowance to submit your Statement of Use.
Each extension requires a separate filing and government fee. Extensions after the first also require a showing of good cause.
Missing your deadline can result in abandonment of your trademark application.
How Much Does a Trademark Statement of Use Cost?
As of November 2026, the USPTO government filing fee for an electronically filed Statement of Use is $150 per class.
For example:
- One trademark class: $150.
- Two trademark classes: $300.
- Three trademark classes: $450.
If you need additional time, the USPTO charges $125 per class for each electronically filed six-month extension request.
These are government filing fees and do not include any legal fees charged by a trademark attorney.
What Happens After You File Your Statement of Use?
After you submit your Statement of Use, the USPTO reviews the filing to determine whether it satisfies the applicable requirements.
If the Statement of Use is accepted and there are no outstanding issues, your trademark application can proceed to federal registration.
However, the USPTO may issue an Office Action if there is a problem with your submission.
For example, the USPTO may determine that your specimen does not adequately demonstrate trademark use in commerce.
In that situation, you may need to submit additional information, correct the filing, or provide an acceptable substitute specimen that was in use by the applicable deadline.
What If You Are Not Using Your Trademark Yet?
If you receive a Notice of Allowance but have not started using your trademark in commerce, you should not file a Statement of Use prematurely.
Instead, you may be eligible to request an extension of time.
Filing a Statement of Use involves a legal declaration that your trademark is actually being used in commerce. Submitting inaccurate information can create serious problems for your application and potentially affect the validity of a resulting registration.
If you are still preparing to launch your business, requesting an extension is generally the more appropriate option.
Frequently Asked Questions
Can I file a Statement of Use before receiving a Notice of Allowance?
No. A Statement of Use is filed after the USPTO issues a Notice of Allowance. If your trademark is already being used in commerce earlier in the application process, you may be eligible to file an Amendment to Allege Use instead.
Does having a website count as using my trademark?
Not necessarily. A website can serve as evidence of trademark use, but merely displaying a business name or logo online does not automatically establish use in commerce. The website must demonstrate qualifying use of the trademark in connection with the relevant goods or services.
Can I file a Statement of Use for only some of my products or services?
Yes, in certain circumstances. You may be able to delete goods or services that are not yet in use or divide your application to preserve coverage for goods or services that are not yet ready. The proper approach depends on your application.
What happens if I miss my Statement of Use deadline?
Your trademark application may become abandoned. Depending on the circumstances, a petition to revive may be available, but strict deadlines and additional fees apply.
Do I need an attorney to file a Statement of Use?
Not all applicants are required to hire an attorney. However, applicants whose domicile is outside the United States must be represented by a U.S.-licensed attorney before the USPTO. An attorney can help determine whether your trademark is being used properly, evaluate your specimen, and prepare the filing.
Need Help Filing a Trademark Statement of Use?
Filing a Statement of Use is an important step in the federal trademark registration process. Understanding when your trademark qualifies as being used in commerce, selecting an appropriate specimen, and meeting the USPTO's deadlines can help prevent unnecessary delays or complications.
Korray Law, LLC assists businesses and entrepreneurs with federal trademark applications, Statements of Use, extension requests, and other USPTO filings.
If you have received a Notice of Allowance or have questions about your trademark application, we can help you understand your next steps.
Contact Korray Law to schedule a free 15-minute introductory consultation.
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Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Trademark requirements and government filing fees may change.