Trademark Statement of Use
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File your Statement of Use with confidence and accuracy
If you filed your federal trademark application based on “intent to use,” the next step is proving that you’ve started using your mark in commerce. Our attorneys prepare and file your Statement of Use (SOU) with the USPTO, ensuring it meets all legal requirements and includes acceptable evidence of use so your registration moves forward without delay.
What Is a Statement of Use?
A Statement of Use shows that your trademark is now being used in connection with the goods/services listed in your application, required to complete registration.
Attorney-Prepared Filing
We handle everything: proper declaration language, correct timing, and acceptable trademark specimens to avoid rejection by the USPTO.
Extensions If You’re Not Ready
Need more time? We can file a six-month extension request to give you time to launch your product or service while keeping your application alive.
Avoid Costly Delays or Denials
Incorrect or incomplete Statements of Use can lead to refusal. We help you get it right the first time and keep your application on track.
Need Help Filing a Statement of Use or Extension?
Let our experienced attorneys handle the next step in your trademark registration process.
FAQs
My application was filed as Intent-to-Use. What happens next?
If your trademark was filed as an Intent-to-Use (ITU) application, meaning your mark was not yet in commercial use, you’ll need to file a Statement of Use (SOU) once you begin using the mark, or when the USPTO issues a Notice of Allowance, whichever occurs first.
The Statement of Use tells the USPTO that your trademark is now actively being used in commerce and that your Intent-to-Use application is ready to move forward to full registration. You’ll also need to submit a trademark specimen showing how your mark is used on your goods or in connection with your services.
Once filed and accepted, your application will proceed to registration, and you’ll typically receive your Certificate of Registration within 2–3 months.
Filing fees:
• Statement of Use filing: $225 attorney fee + $150 USPTO fee per class.
• Extension of time (if not yet in use): $225 attorney fee + $125 USPTO fee per class.
Failing to file your Statement of Use or Extension on time can result in abandonment of your application and the loss of your filing date.
What are the advantages and disadvantages of filing an Intent-to-Use trademark application?
Filing an Intent-to-Use (ITU) trademark application lets you secure early priority over your brand name or logo before you officially launch. This can be especially valuable if you’re still developing your business or products but want to “lock in” rights to your mark.
Advantages:
• Early priority date: Your application date becomes your effective priority date once you file your Statement of Use.
• Protect your brand before launch: Reserve your name or logo while you prepare your product, packaging, or website.
• Flexible timeline: You can file 6-month extensions for up to three years after the Notice of Allowance if you’re not ready to use the mark yet.
Disadvantages:
• Additional costs: ITU applications require extra filings (Statement of Use and possible extensions).
• Proof of use required: You must eventually show actual use in commerce to complete registration.
• Longer timeline: It takes longer to reach registration than an “in-use” application.
For startups, e-commerce sellers, and new brands, the ITU option offers the benefits of filing early, but it’s important to stay on top of deadlines and requirements.
What’s required to show use in commerce? The trademark specimen requirement.
To complete your trademark registration, the USPTO requires proof that your mark is being used in commerce, meaning it’s actually being sold, offered, or provided in U.S. trade.
Your trademark specimen is proof of use and it depends on what type of mark you have:
For goods (products):
Acceptable specimens include product packaging, labels, hang tags, or website/e-commerce screenshots that show your mark next to a “Buy Now” or “Add to Cart” button.
For services:
Acceptable specimens include your business website, online ads, social media pages, menus, signage, or brochures showing the mark in connection with the services offered.
Your specimen must clearly show (1) the mark, (2) the goods or services, and (3) that it’s being used commercially, not coming soon or in development.
Our attorneys review and prepare all specimens before submission to ensure compliance with USPTO rules and avoid costly refusals.