Statement of Use (SOU): Completing Trademark Registration After Notice of Allowance

A Statement of Use trademark filing is required to complete registration after the USPTO issues a Notice of Allowance. A trademark application does not become registered simply because it is approved. When an application is filed based on intent to use, registration only occurs after the applicant files a Statement of Use (SOU). Understanding this step is essential to avoid abandonment and unnecessary expenses.

What Is a Statement of Use (SOU)?

A Statement of Use is a filing submitted after the USPTO issues a Notice of Allowance. An SOU confirms that the trademark is now actively used in commerce.

“A Statement of Use is filed after the Notice of Allowance issues, and it is essentially proving the same thing as an AAU, just at a later stage.”
— Sharon, U.S. Trademark Attorney

The evidence requirements are similar to an AAU, but the timing and consequences differ.

For earlier filing options, review Amendment to Allege Use (AAU): When and How to Prove Trademark Use.

When Is an SOU Filed After a Notice of Allowance?

Once the Notice of Allowance is issued:

1. The applicant has six months to file an SOU
2. If use has not begun, the applicant must request an extension

“From the date of the Notice of Allowance, the applicant has up to three years to show use, but that requires filing extensions every six months.”
— Sharon, U.S. Trademark Attorney

Watch trademark guidance videos on our YouTube channel.

Failure to file either an SOU or an extension results in abandonment of the application.

Evidence Requirements for a Statement of Use

The USPTO requires proof that:

1. The trademark is actively used
2. The use matches the registered goods or services
3. The evidence reflects real commercial activity

Examples include:

1. Product photos with pricing
2. Online storefronts with shopping cart functionality
3. Service websites clearly advertising services
   

Improper evidence can lead to audits later. See USPTO Trademark Renewal Audits: Triggers, Evidence, and Common Pitfalls.

Extensions and Deadlines Explained

If the USPTO does not approve an SOU within six months, extensions become critical.

“If the USPTO does not review your Statement of Use within six months, and you did not file an extension, you may be stuck using old evidence only.”
— Sharon, U.S. Trademark Attorney

Extensions:

1. Are filed every six months
2. Allow the applicant to submit new evidence later
3. Prevent loss of filing rights

Failing to request an extension can severely limit options if the SOU is refused.

Key Differences Between SOU and AAU

For how these filings affect long-term ownership, review Trademark Renewal for U.S. Businesses: Deadlines, Audits, and Use Requirements Explained.

Practical Advice for Business Owners Filing an SOU

“For the amount of investment people put into a trademark, it is usually worth spending a little more to get the filing done the first time correctly.”
— Sharon, U.S. Trademark Attorney

Between strict deadlines, evidence rules, and extension requirements, working with a trademark attorney helps prevent irreversible mistakes. 

If you need guidance with preparing or filing your Statement of Use, explore our trademark services.

Frequently Asked Questions

1. What happens if the USPTO rejects my Statement of Use after I submit it?

If your Statement of Use is refused, the examining attorney at the United States Patent and Trademark Office will issue an Office Action explaining the problem. You typically have a limited time to respond by correcting the issue, submitting new evidence, or providing legal arguments. If the refusal is not resolved, the application can still be abandoned even if you filed the SOU on time.

2. Can I change my trademark or update my product description when filing a Statement of Use?

Only very limited changes are allowed. You cannot materially alter the trademark itself. Minor clarifications to goods or services may sometimes be permitted, but they cannot expand beyond what was originally filed. If your business offering has significantly changed, you may need to file a new application instead of modifying the existing one.

Connect with trademark attorney Sharon Adams for professional insights.

3. Do I need to submit different proof of use for each class of goods or services?

Yes. If your trademark application covers multiple classes, you must show actual use for each class separately. One specimen does not automatically cover everything. If you are only using the mark in some classes but not others, those unused classes may need to be deleted or handled strategically to avoid complications.

4. Can I file a Statement of Use if I am only testing the market or doing limited sales?

Possibly, but the use must qualify as genuine commercial use, not token or temporary activity created just to secure registration. The use must reflect a real business effort to sell goods or provide services to customers. Insufficient or artificial use can later lead to refusal, audit issues, or vulnerability if the registration is challenged.

Have questions about your filing timeline or evidence? Contact us for guidance.

5. What happens if my business stops using the trademark shortly after filing the Statement of Use?

Registration requires ongoing use in commerce. If you stop using the mark soon after registration and cannot demonstrate continuous use when required in future maintenance filings, the registration can be cancelled. Filing an SOU confirms current use, but long-term protection depends on continued use.

6. Should I file my Statement of Use as soon as I start using the mark, or wait?

Filing too early can create problems if your use is not fully established or if your evidence is weak. Filing too late risks missing deadlines. The best timing depends on whether your use is stable, properly documented, and consistent across the goods or services listed. Many applicants consult a trademark attorney before filing to ensure the timing supports long-term registration success. It is a step often recommended by practitioners like Sharon Adams.

Learn more about our firm and trademark guidance resources on our website.