Filing a Trademark Statement of Use

A statement of use lets you file for trademark protection before you even start using your trademark. Find out how to register a statement of use in this easy-to-follow guide, including tips on filing your application, details on fees, and timelines for registration.

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filing a trademark statement of use

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Updated on: January 16, 2025
Read time: 3 min

Sometimes, it makes sense to start the trademark registration process before you even begin using your trademark. You can do this by selecting Section 1(b) Intent-to-Use as the basis for your application to the U.S. Patent and Trademark Office (USPTO).

However, before your trademark can be registered, you must begin using your trademark in commerce and amend your application to convert it to an application based on Section 1(a) Use, which deals with the actual use of the mark in commerce.

To change the basis of your trademark application from 1(b) to 1(a), you must file a Statement of Use (SOU).

Who should file a statement of use

Trademark applicants who originally filed an Intent to Use trademark application before they started using their mark in commerce are required to file a Statement of Use. This filing indicates that an applicant has begun using the applied-for trademark in commerce. This enables the USPTO to register the 

The notice of allowance

If you need to file a Statement of Use, the USPTO will send you a Notice of Allowance (NOA). If you receive an NOA, it usually means that your trademark has passed nearly all the steps in the registration process and is almost ready to be registered. All that remains is proving that your mark is actually being used in commerce.

When to file a statement of use 

If you need to file a statement of use, there are two filing windows that you need to be aware of: 

  • Within six months of the day, the USPTO mails your notice of allowance. This is your written notice of conditional approval sent after the mark is published. You can this date by visiting the Trademark Center and viewing your docket. 
  • Within a previously granted extension period granted by the USPTO.

It's important to pay close attention to these filing deadlines. If you miss the deadline, your application will be considered abandoned. You may be able to revive an abandoned application by filing a petition, paying an additional fee, and submitting additional paperwork, but there is no guarantee.

The statement of use form

You can file a trademark statement of use online through the Trademark Center. The online form asks for the following:

  • The date you first used the mark
  • The date when you first used the mark in commerce (“In commerce” means using a mark in connection with business conducted internationally or across state lines, as opposed to business that is conducted only in one state)
  • A signed declaration saying that you are now using the mark in commerce in connection with the goods or services identified in your trademark application
  • A specimen that shows how you are using the mark in commerce. This could be a digital picture of your product with the mark attached, such as on a label or package; or it could be marketing or advertising materials for a service
  • A filing fee of $150

Requesting an extension

If you are not using your mark yet, you can request a six-month extension of time to file the statement of use. You must file the extension request within six months of filing the statement of use, and you can only file five requests for extension. 

After the first extension, each additional extension request must describe your ongoing efforts to use the mark. Acceptable efforts might include research and development, market research or promotional activities. Additional extension requests must be filed before the expiration of the prior extension.

There is a filing fee of $125 for each extension request.

What happens after you file a statement of use?

After you file your statement of use, the USPTO’s examining attorney will review the statement and send you an office action letter if there are any requirements that still must be satisfied.

If all issues have been resolved and the statement of use is approved, the USPTO typically registers the trademark within two months.

If you are ready to file your trademark statement of use paperwork, LegalZoom can help. Reach out today to connect with one of our experts!

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

76 days ago
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Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
79 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

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95 days ago
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Trademark
94 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
101 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

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119 days ago
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146 days ago
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146 days ago
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150 days ago
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Got exactly what I needed to register my trademark

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156 days ago
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175 days ago
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182 days ago
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217 days ago
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213 days ago
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Register Trademark using LegalZoom

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222 days ago
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224 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

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241 days ago
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248 days ago
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