A Statement of Use is the filing that tells the USPTO an intent-to-use applicant has begun using the mark in commerce. It must be timely, cover goods or services actually in use, include required use dates and a qualifying specimen for each class, and be signed by an authorized person. If qualifying use has not begun, file a timely extension request instead.
The filing follows a Notice of Allowance. It is not required for an application that was already based on use under Section 1(a), and it cannot be filed before the mark is genuinely used in commerce.
When is the Statement of Use due?
The USPTO’s Statement of Use requirements provide an initial six-month period after the Notice of Allowance. If the mark is not ready, the applicant may request six-month extensions, up to five total. The final deadline cannot extend beyond 36 months after the Notice of Allowance.
The first extension requires a continued bona fide intent to use the mark. Later extensions require a good-cause statement describing ongoing efforts, such as product development, manufacturing, marketing preparation, regulatory approval, distribution planning, or funding efforts.
Deadline rule: File either a compliant Statement of Use or a timely extension request before the current six-month period expires. A late filing can abandon the application.
What must the filing include?
- The application serial number and applicant information
- A statement that the mark is in use in commerce
- The goods or services for which use has begun
- Dates of first use anywhere and first use in commerce
- At least one acceptable specimen for each class
- The filing fee for each class
- A declaration signed by the owner or another authorized signer
As of November 5, 2026, the USPTO electronic fee schedule lists $150 per class for a Statement of Use and $125 per class for a six-month extension request. Paper filing fees are higher. Confirm current fees before submitting.
Only claim goods or services actually in use
If use has begun for only part of a class, identify the supported items accurately. The applicant may delete unsupported goods or services or, when permitted, divide the application so the supported portion can proceed separately. Do not sign a declaration that treats planned use as completed use.
Use must satisfy the federal standard discussed in What Does Use in Commerce Mean? Token sales, internal shipments, or a webpage that does not reflect a genuine offering may be insufficient.
Choose a specimen that matches the claim
For goods, common specimens include labels, tags, packaging, product photographs, and qualifying point-of-sale webpages. For services, advertising or webpages can work when they directly associate the mark with the identified services. A webpage specimen must include its URL and access or print date.
The mark shown in the specimen should match the applied-for mark, and the specimen should have been in use by the Statement of Use deadline. Review the specimen examples for goods and services before filing.
How to file the Statement of Use
- Open the application in TSDR and confirm the current deadline.
- Inventory the goods or services actually in use.
- Verify the first-use dates against business records.
- Select a genuine specimen for each class and record webpage details.
- Open the current USPTO electronic Statement of Use form.
- Review deletions, classes, fees, and declaration language.
- Have an authorized person sign and submit the filing.
- Save the receipt and confirm that the document appears in TSDR.
Common Statement of Use mistakes
- Filing before genuine use begins
- Claiming every listed item when only some are in use
- Using digitally altered packaging or a mockup
- Submitting advertising as a specimen for goods without a point-of-sale function
- Entering estimated use dates without checking records
- Missing the current deadline while gathering evidence
- Assuming acceptance is automatic after submission
The USPTO examines the Statement of Use and may issue an Office action. Filing on time preserves the application, but it does not guarantee that the specimen or use claim will be accepted.
When professional review helps
Attorney review is useful when use differs across products, the specimen is unusual, dates are uncertain, the mark has changed, or the application contains goods not yet launched. The review can prevent an inaccurate declaration, preserve valuable items through division or extension, and identify evidence problems before the deadline.
Open TSDR now, record the Notice of Allowance date and current deadline, then decide whether the supported path is a Statement of Use or another extension.