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File a Statement of Use
A Statement of Use is required after approval to complete your trademark application. Trademark Engine helps you prepare and file Statement of Use.
Starting at $129 + USPTO filing fees
Call for real-time support: (877) 721-4579
What Is a Statement of Use?
A Statement of Use is a filing submitted to the United States Patent and Trademark Office (USPTO) to confirm that your trademark is being used in commerce.
If you filed your trademark application on an intent-to-use basis, the USPTO requires a Statement of Use before your trademark can be registered. This filing includes proof showing how your trademark is used with your goods or services.
When Is a Statement of Use Required?
Statement of Use is required after the USPTO issues a Notice of Allowance for a trademark application filed on an intent-to-use basis.
If you applied for a trademark before using it in commerce, the USPTO requires confirmation of actual use before your trademark can be registered. Filing a Statement of Use provides that confirmation.
What Evidence Is Needed for a Statement of Use?
Your Statement of Use must include proof that your trademark is being used in commerce. This proof is called a specimen.
Specimens Showing Use
Your specimen must show your trademark as it is actually used with your goods or services.
Use in Commerce
The trademark must be used in real commercial activity, not just reserved or planned for future use.
Match Your Application
The specimen must match the goods or services listed in your trademark application and clearly display the trademark.
Deadlines & Fees
After the USPTO issues a Notice of Allowance, you must file a Statement of Use within a required time frame to continue your trademark application.
Initial Filing Deadline: You generally have six months from the Notice of Allowance date to file your initial Statement of Use.
Additional Fees May Apply: If your trademark is not yet in use, you may need to request an extension instead of filing a Statement of Use. Extension requests require additional USPTO filing fees.
Missing the Deadline: If you do not file a Statement of Use or a valid extension request by the deadline, your trademark application may be abandoned.
USPTO deadlines are strictly enforced, and filing fees vary based on timing and filing type.
How Trademark Engine Helps with Your Statement of Use
Trademark Engine provides attorney-assisted support to help ensure your Statement of Use is prepared correctly and filed on time.
Answer a few questions
Complete our simple questionnaire to begin the Statement of Use Registration process. Most people finish in as little as 7 minutes
Specimen Review
Your proof of use is reviewed to help confirm it meets USPTO requirements.
Prepared Filing
Your Statement of Use is prepared based on the information provided and USPTO guidelines.
Filed on Your Behalf
The completed filing is submitted to the USPTO in accordance with official procedures.
Statement of Use Filing Pricing
Trademark Engine provides support to help you prepare and file a Statement of Use that meets USPTO requirements.
Statement of Use filings start at $129, depending on your application and filing needs.
Additional USPTO filing fees may apply.
Additional USPTO filing fees may apply.
Starting at $129 + USPTO filing fees
Why Choose Trademark Engine for Your Statement of Use?
Trademark Engine offers support designed to help you prepare and file a Statement of Use and on time.
- Statement of Use preparation and filing
- Experience working with USPTO trademark requirements
- Clear, compliant submissions prepared to USPTO standards
- Simple, guided process from start to finish
Ready to File Your Statement of Use?
File your Statement of Use with support designed to meet USPTO requirements and keep your trademark application moving forward.
Trademark Statement of Use FAQs
Still have questions? Call 877-721-4579 for real-time support.
A Statement of Use must include a verified claim that the mark is in use in commerce, dates of first use, the required filing fee, and an acceptable specimen for each covered class. The mark must be in use for all listed goods or services unless unused items are deleted or divided into another application.
A Statement of Use may be signed by the owner, someone with legal authority to bind the owner, or someone with firsthand knowledge and authority to act for the owner. A qualified U.S.-licensed attorney authorized to represent the owner may also sign it.
The date of first use anywhere is when the mark was first used with the goods or services. The date of first use in commerce is when it was first used in commerce regulated by Congress which usually means you sold goods or services using the mark; both dates must be provided for each covered class.
You may request a six-month extension if you still have a bona fide intention to use the mark but need more time. The extension request must be filed before the current deadline and requires a USPTO fee for each covered class.
You may file up to five six-month extension requests. However, the Statement of Use must ultimately be filed within three years of the Notice of Allowance issue date.
Both filings provide evidence that an intent-to-use mark is being used in commerce. An Amendment to Allege Use is filed before the application is approved for publication, while a Statement of Use is filed after a Notice of Allowance is issued.
No. Once a Statement of Use is filed, it generally cannot be withdrawn or changed back to an intent-to-use basis. Some information may still be corrected or amended when USPTO rules permit.
The USPTO reviews the filing to confirm that the specimen, dates of use, fees, declaration, and other requirements are acceptable. If approved, the application may proceed to registration; if not, the USPTO may issue an Office Action.
No. A Statement of Use is filed before registration in an intent-to-use application. A Declaration of Use, such as a Section 8 filing, is generally submitted after registration to confirm that the registered mark remains in use.
You must properly address every intent-to-use class covered by the Notice of Allowance. Classes in use may be included in the Statement of Use, while classes not yet in use may need an extension request and request to divide, or they may be deleted.