Statement of Use

Without a timely and accepted statement of use, a trademark application filed on an intent-to-use basis will not proceed to registration. The filing serves as the applicant's formal proof that the mark has moved from planned use to actual commercial use.

How a statement of use works

When a trademark applicant files under an intent-to-use basis (known as a 1(b) application), the USPTO examines the mark and, if approved, issues a Notice of Allowance. The applicant then has six months from the date of that notice to either file a statement of use or request an extension of time.

The statement of use must include:

1. A verified statement that the mark is in use in commerce
2. The date of first use in commerce and the date of first use anywhere
3. A specimen, a real-world example showing the mark as it appears on goods or in connection with services
4. The applicable $150 filing fee per class of goods or services

The USPTO reviews the filing and, if accepted, moves the application toward registration, though a surge in SOU filings has created processing delays.

If the statement is deficient, the USPTO issues an Office Action requiring a response.

Why a statement of use matters

A trademark registration provides nationwide legal protection and public notice of ownership. However, that protection attaches only once the mark is in actual use, not merely in intended use. The statement of use is the formal mechanism that bridges the gap between an approved application and an enforceable registration.

Missing the filing deadline can result in abandonment of the application. Applicants can request up to five extensions of time (each covering six months), but each extension requires a $125 per-class filing fee and a showing of continued bona fide intent to use the mark. Failing to file within the allowed period forfeits the priority date established by the original application.

For businesses building brand equity, the priority date matters significantly. It establishes the applicant's rights relative to later filers in the same trademark class.

Common uses and examples of a statement of use

The statement of use arises in predictable, practical situations across many industries.

• Product launch timing: A startup files a trademark application before its product is ready to ship. Once the product goes to market and appears with the mark on packaging or labels, the company files a statement of use with a specimen showing the mark on the product.
• Service businesses: A consulting firm applies for a trademark on its brand name before formally launching. Once it begins offering services under that name and can show the mark on a website, invoices, or marketing materials, it files the statement of use.
• Software and apps: A developer applies to register a mark for a mobile application before release. Upon launch, the app store listing or in-app display of the mark serves as the specimen accompanying the statement of use.
• Retail goods: A clothing brand files an intent-to-use application for a new line. When the line ships to retailers with the mark on hangtags or labels, the brand submits the statement of use with a photograph of the tagged product.

Key characteristics of a statement of use

The statement of use is a signed declaration made under penalty of law. The signatory attests that the information provided is accurate and that the mark is genuinely in use in commerce, not merely displayed in a token or staged manner. A USPTO random audit found 51% of registrations could not demonstrate use for all claimed goods or services.

The specimen submitted must reflect actual commercial use. A mock-up, rendering, or internal draft does not qualify. In 2026, specimens receive heightened examination, and digitally altered images are rejected.

Acceptable specimens vary by the type of mark.

• Goods: Labels, tags, packaging, or photographs of the product displaying the mark
• Services: Website screenshots, advertisements, brochures, or other materials showing the mark in connection with the services being offered

The filing fee is assessed per international class of goods or services. An application covering multiple classes requires a separate fee for each class included in the statement of use.

Statement of use vs. allegation of use

These two terms are often confused because they serve the same essential function, confirming that a mark is in use in commerce, but they apply at different stages of the application process.

An allegation of use (also called an amendment to allege use) is filed before the USPTO issues a Notice of Allowance. A statement of use is filed after the Notice of Allowance is issued. Once the Notice of Allowance has been issued, an allegation of use is no longer accepted, and only a statement of use will be considered. Understanding what "use in commerce" means for trademark purposes is essential to completing either filing correctly.

Considerations and best practices

Applicants should not file a statement of use until the mark is genuinely in use in commerce. Filing prematurely, before actual commercial use has begun, can expose the registration to cancellation and may constitute fraud on the USPTO, which has intensified enforcement. In August 2025, the USPTO terminated more than 52,000 applications tied to fraudulent filings.

Tracking the Notice of Allowance date is critical. The initial six-month window begins from that date, not from the date the application was filed. Missing this window without an approved extension results in abandonment.

The concept of first use in commerce is central to accurately completing the statement of use. Applicants must identify both the date the mark was first used anywhere and the date it was first used in interstate or international commerce, two distinct dates that may differ.

Specimens must be current and authentic, a point reinforced by the December 2025 TMEP update that tightened specimen standards. The USPTO may issue an Office Action if a specimen appears staged or does not clearly show the mark in connection with the identified goods or services.

Related terms and next steps

Understanding a statement of use is most useful in the context of the broader trademark registration process. Several related concepts directly affect when and how this filing applies.

• Use in commerce (trademark): The legal standard that determines whether a mark qualifies for federal registration
• First use in commerce: The date that establishes priority and must be accurately reported in the statement of use
• Fictitious business name statement: A separate filing used to register a DBA name at the state or county level, distinct from federal trademark registration

Trademark registration involves multiple filings and deadlines. LegalZoom offers trademark registration services that can help applicants track requirements and prepare filings, including the statement of use, with support from independent attorneys.

FAQs about the statement of use

How much does it cost to file a statement of use?

The USPTO charges $150 per class of goods or services included in the filing, so an application covering three trademark classes requires $450 in government fees at the time of the statement of use. That fee is separate from any professional or service fees charged by an attorney or filing service.

What happens if the USPTO rejects a statement of use specimen?

The USPTO issues an Office Action identifying the deficiency, typically that the specimen appears staged, digitally altered, or does not clearly show the mark in connection with the identified goods or services, and the applicant must respond with a substitute specimen and an explanation within the response deadline. Failing to respond results in abandonment of the application.

Can a statement of use be filed before the Notice of Allowance is issued?

No, once a Notice of Allowance has been issued, only a statement of use is accepted, but the reverse is equally true: before the Notice of Allowance issues, the applicable filing is an allegation of use, not a statement of use. Applicants who are already using the mark in commerce before the Notice of Allowance issues should file an allegation of use to move the application forward without waiting.

Does selling a product to a single customer qualify as use in commerce for purposes of the statement of use?

A single genuine commercial transaction, one in which goods bearing the mark are sold and shipped across state lines, or services are rendered under the mark to a customer in another state, can satisfy the use-in-commerce requirement, but the transaction must be a real sale, not a token one staged solely to manufacture a filing date. The USPTO and courts have consistently rejected token use that is not part of ordinary commercial activity.

How many extensions of time are available if the mark is not yet in use when the Notice of Allowance issues?

Applicants can request up to five six-month extensions beyond the initial six-month window, for a maximum of three years from the Notice of Allowance date to file the statement of use, though each extension requires a fee and a declaration of continued bona fide intent to use the mark. Missing a deadline without an approved extension or failing to demonstrate genuine intent results in abandonment and the loss of the priority date established by the original application.

Is a website screenshot always an acceptable specimen for a service mark?

A website screenshot qualifies as a specimen for a service mark only when it shows the mark used in direct connection with the services being offered. A page that merely displays the mark as a logo without referencing the specific services identified in the application is typically insufficient. The December 2025 TMEP update reinforced this standard, and examining attorneys now scrutinize whether the specimen demonstrates that consumers encountering the mark would associate it with the claimed services.