USPTO Statement of Use (SOU): Requirements, Filing & What Happens After a Notice of Allowance

Statement of Use trademark

A trademark Statement of Use (SOU) is a filing required for a Section 1(b) Intent-to-Use trademark application before the mark can proceed to registration after the USPTO issues a Notice of Allowance. The filing tells the United States Patent and Trademark Office that the mark is now being used in commerce for the goods or services for which registration is sought and provides supporting evidence of that use. A properly prepared USPTO Statement of Use generally includes the required filing fee, specimen evidence, verified use information, dates of first use, and identification of the goods or services on which the mark is actually being used.

Not every trademark application requires an SOU. The requirement applies specifically to applications proceeding under a Section 1(b) Intent-to-Use basis. Understanding when the filing is required, what evidence the USPTO expects, and what happens after submission is important because filing an SOU does not itself guarantee registration.

This guide explains the complete Statement of Use stage while keeping more specialized issues, such as extension strategy and filing mistakes, in separate resources.

What Is a Statement of Use (SOU) for a Trademark?

For applicants wondering what an SOU is, a Statement of Use is an allegation of use submitted in a Section 1(b) Intent-to-Use trademark application after the USPTO has issued a Notice of Allowance.

Its purpose is to establish that the mark is no longer merely intended for future use. The applicant is representing to the USPTO that qualifying use in commerce has actually begun for the goods or services covered by the SOU.

A Section 1(b) application allows a business with a bona fide intention to use a trademark to begin the federal application process before the required commercial use has started. However, the application cannot register on that Section 1(b) basis without an acceptable allegation of use. Depending on when qualifying use begins, that allegation of use takes the form of either:

  • an Amendment to Alleged Use (AAU) earlier in prosecution; or
  • a Statement of Use (SOU) after the Notice of Allowance.

The SOU is therefore not simply a status update. It is a substantive filing that converts the relevant Section 1(b) claim toward a use-in-commerce basis and requires evidence supporting the applicant’s representations.

Who Needs to File a Statement of Use?

A Statement of Use trademark filing is required for a Section 1(b) Intent-to-Use applicant that reaches the Notice of Allowance stage and has not previously converted the relevant application basis through an acceptable Amendment to Alleged Use.

This distinction matters because not every federal trademark applicant files an SOU.

For example, an applicant who filed under Section 1(a) based on existing use in commerce ordinarily supplies use information and a specimen as part of that use-based application instead. An applicant proceeding under certain foreign registration or international filing bases may also have different requirements before registration.

For the typical Section 1(b) applicant, however, the sequence looks like this:

  1. File the Intent-to-Use application.
  2. USPTO examines the application.
  3. The mark is approved for publication.
  4. The mark is published for opposition.
  5. If the application successfully passes that stage, the USPTO issues a Notice of Allowance.
  6. The applicant must then establish qualifying use by filing an SOU or obtain additional time through a permitted extension request.

The Notice of Allowance is therefore a major milestone, but it is not the end of an Intent-to-Use application.

What Is a Notice of Allowance for a Trademark?

A trademark Notice of Allowance, commonly called an NOA, is an official USPTO notice issued to qualifying Section 1(b) applications after the mark has passed through the publication and opposition stage.

The USPTO describes the NOA as a notice that the mark has been allowed but not yet registered. For an Intent-to-Use application, the applicant still must submit an acceptable allegation of use before registration can issue.

This explains a TSDR status that frequently confuses:

“NOA E-mailed—SOU Required From Applicant.”

That status essentially tells the applicant that the application has reached the stage at which a Statement of Use, or an appropriate extension request, is now required.

Receiving the NOA does not mean:

  • The trademark has been registered
  • The registration certificate is about to be issued automatically; or
  • The applicant can wait indefinitely to prove use.

Instead, the NOA starts the statutory timeline for the next filing step.

When Can You File a Statement of Use?

An SOU can be filed on or after the issue date of the Notice of Allowance.

A Statement of Use filed before the NOA is premature and will not be reviewed as an SOU. Current USPTO regulations expressly provide that the SOU for a Section 1(b) application must be filed within six months after issuance of the NOA or during an authorized extension period.

There is an important timing distinction between an SOU and an amendment to allege use.

Before Approval for Publication

If qualifying use begins while the application is still at the appropriate earlier stage, the applicant may potentially file an Amendment to Alleged Use.

After Approval for Publication but Before the NOA

There is a period during which neither an AAU nor an SOU can normally be filed. The USPTO refers to this as the blackout period.

After the Notice of Allowance

Once the NOA issues, the appropriate allegation of use is the Statement of Use.

For a detailed explanation of the earlier filing, see Amendment to Allege Use (AAU): When and How to Prove Trademark Use.

How Long Do You Have to File the SOU?

The applicant initially has six months from the Notice of Allowance issue date to file either:

  • an acceptable Statement of Use; or
  • a Request for Extension of Time to File a Statement of Use.

If the mark is not yet in qualifying use, the applicant should not file an SOU simply because the six-month deadline is approaching.

Instead, if the requirements are satisfied, the applicant can request another six-month period. Up to five six-month extensions are available, with the SOU ultimately due within three years after issuance of the NOA.

Because deadlines and insurance-extension strategy are distinct search intents, this article should not duplicate that subject in depth.

For the complete timing rules, see USPTO Statement of Use Deadline & Extensions: When to File an Insurance Extension.

What Does a Statement of Use Need to Include?

A complete Statement of Use filing involves more than attaching a photograph and paying a fee.

The USPTO distinguishes between the minimum filing requirements needed to establish a potentially valid SOU submission and the broader requirements for a complete, acceptable filing.

Minimum SOU Filing Requirements

For a timely SOU to meet the USPTO’s minimum filing requirements, it must include:

  • the required fee for at least one class;
  • at least one specimen showing the mark as used in commerce; and
  • a properly signed verification or declaration stating that the mark is in use in commerce.

The verification must be signed by someone legally authorized to make the statement, such as a person with authority to bind the owner, someone with firsthand knowledge and authority to act for the owner, or a qualified practitioner with the necessary authority.

Requirements for a Complete SOU

For trademarks and service marks, a complete SOU also addresses matters such as

  • the applicant’s ownership representation;
  • actual use of the mark in commerce;
  • the goods or services for which use is being claimed;
  • date of first use anywhere;
  • date of first use in commerce;
  • specimen evidence for the applicable classes;
  • required government fees; and
  • the necessary verified statements.

These details need to correspond with actual commercial use. An applicant should not treat the form as an opportunity to estimate future activity.

Statement of Use Fee: How Much Does an SOU Cost?

The current electronic Statement of Use fee is $150 per class.

This deserves a dedicated section because the existing URL is already appearing in GSC for searches such as:

  • uspto statement of use filing fee 2026
  • uspto statement of use fee
  • uspto statement of use fee 2026
  • uspto statement of use filing fee per class

The fee is assessed by class.

For example:

Classes Covered by SOUCurrent Electronic USPTO SOU Fee
1 class$150
2 classes$300
3 classes$450
4 classes$600

The separate government fee for an electronic six-month extension request is currently $125 per class.

These are USPTO government fees and do not include legal fees that may apply if an attorney prepares or reviews the filing.

Because federal trademark fees can change, applicants should confirm the current USPTO fee schedule when filing.

What Does “Use in Commerce” Mean for a Statement of Use?

A central requirement of an SOU is that the mark must actually be in use in commerce for the goods or services for which use is claimed.

A business cannot properly file an SOU merely because:

  • It owns the domain name
  • It has designed packaging;
  • It has created a logo;
  • A future product page exists;
  • It plans to begin sales soon; or
  • Marketing materials have been prepared for a future launch.

For goods, qualifying use generally requires the mark to be placed on the goods, their packaging, labels, tags, or an appropriate display associated with the goods, while the goods are actually sold or transported in commerce. For services, the mark must be used in the sale, advertising, or rendering of the services, and the services must actually be rendered in commerce.

The USPTO emphasizes that specimens should reflect real marketplace use rather than a mockup, printer’s proof, digitally altered image, or depiction of how the mark might be used in the future.

For a more detailed examination of this legal requirement, see Use in Commerce: What It Really Means.

What Is a Statement of Use Specimen?

A specimen is real-life evidence of how the trademark is actually being used in the marketplace with the goods or services identified in the filing.

The specimen serves a different purpose from the drawing of the mark in the application.

The drawing identifies the trademark for which registration is sought.

The specimen demonstrates how consumers actually encounter that trademark in commerce.

This distinction matters because a clean digital image of a logo may accurately represent the mark while still failing to prove commercial trademark use.

Acceptable Statement of Use Specimens for Goods

For goods, the specimen generally needs to directly associate the trademark with the products.

Depending on the circumstances, examples may include:

  • a label attached to the goods;
  • a tag showing the trademark;
  • product packaging;
  • a photograph showing the mark on the actual goods;
  • a container displaying the mark; or
  • an appropriate point-of-sale webpage through which the goods can be ordered.

A webpage specimen for goods requires more than displaying a brand beside a picture.

The page ordinarily needs to function as an appropriate display associated with the goods, and webpage specimens must include the page URL and the date the page was accessed or printed.

Advertising Alone Is Generally Not a Goods Specimen

One issue in the older content we are merging from URL 4 needs correction.

Generic advertisements and promotional materials are not ordinarily acceptable specimens for goods merely because they show the trademark. The specimen needs to demonstrate qualifying trademark use in connection with the goods themselves or a qualifying display associated with them.

This is why the goods-versus-services distinction should be explicit in the revised article.

Acceptable Statement of Use Specimens for Services

Service-mark specimens work differently.

For services, acceptable evidence can include materials that show the trademark being used to identify and promote the services actually being rendered.

Depending on the facts, examples may include:

  • website screenshots;
  • advertisements;
  • brochures;
  • signs where the services are rendered;
  • certain promotional materials; or
  • other evidence directly associating the mark with the identified services.

The mark and the services should be connected clearly enough that consumers would understand the mark as identifying the source of those services.

For a webpage specimen, the required URL and access or print date should also be provided.

Common Examples of Unacceptable SOU Specimens

The USPTO identifies several common specimen problems.

A specimen may be refused when it:

  • is a mockup or digitally altered image rather than real marketplace evidence;
  • does not show the mark identified in the drawing;
  • shows only part of the claimed mark or a materially different version;
  • does not associate the trademark with the listed goods or services;
  • shows someone else’s use rather than the applicant’s qualifying use;
  • is advertising used as evidence for goods when it does not qualify as an appropriate point-of-sale display;
  • shows products that are not yet actually available in commerce; or
  • is a webpage that omits the required URL or access/print date.

A specimen problem does not automatically mean every application can simply replace the evidence at any later date. The applicable statutory SOU deadline can affect what corrective evidence is available. That is one reason specimen problems should be addressed carefully. Check out the blog: Common Statement of Use filing mistakes

Dates of First Use in a Statement of Use

A complete SOU generally includes two different dates of first use for the relevant class:

Date of first use anywhere: when the mark was first used anywhere in connection with qualifying goods or services.

Date of first use in commerce: when qualifying use occurred in commerce that Congress may regulate.

The first-use-anywhere date must be the same as or earlier than the first-use-in-commerce date.

Applicants should not select dates based on:

  • incorporation;
  • domain registration;
  • logo creation;
  • social media account creation; or
  • an anticipated future launch

unless those dates genuinely correspond to the required form of trademark use.

The USPTO also requires dates of use on a class-by-class basis. Where more than one item appears within a class, the rules governing which use dates apply can become more detailed.

What If Your Trademark Application Has Multiple Classes?

A multiple-class SOU trademark filing requires particular care.

The applicant must have qualifying use for the goods or services for which the Section 1(b) basis is being converted through the SOU. Current USPTO rules require the mark to be used on or in connection with the goods or services covered by the SOU before the applicable statutory period expires.

The USPTO generally requires specimen support for each class.

If an application contains:

  • Class A, where use has begun; and
  • Class B, where use has not begun,

The applicant should not simply verify use for both classes.

Depending on the circumstances and timing, options may include:

  • filing the SOU for the goods/services actually in use and deleting other items;
  • requesting additional time where available;
  • dividing part of the application; or
  • taking another procedurally appropriate step.

The right strategy depends on the actual prosecution history and commercial use.

Can You Add New Goods or Services in a Statement of Use?

An SOU is not an opportunity to expand the application beyond the goods or services covered by the Notice of Allowance.

The goods and services included in the Statement of Use must conform to those identified in the NOA, subject to permitted amendments.

An applicant may sometimes narrow or delete goods or services but generally cannot use the SOU to broaden the application to cover an entirely new commercial offering.

For example, if the original application covered specified software services, the SOU should not be treated as a mechanism to add unrelated apparel products simply because the business now sells merchandise.

A material expansion can require a separate trademark application.

Can You Change the Trademark When Filing an SOU?

Only limited amendments to the mark may be permitted.

An applicant cannot simply use the SOU stage to substitute a materially different trademark from the one that was examined and published.

Changes to a trademark drawing are governed by separate USPTO amendment rules, and whether a proposed change materially alters the mark can require legal analysis. Current rules allow certain requests to amend the drawing in connection with an SOU only if the applicable amendment requirements are satisfied.

A business that materially changed its branding between the Intent-to-Use filing and launch should therefore review the issue before making representations in the SOU.

How to File a Statement of Use

For applicants researching how to file a Statement of Use for a trademark, the process can be organized into ten practical steps.

Step 1: Check the Application Status

Confirm through the USPTO’s trademark status system that the Notice of Allowance has actually issued and that the application is in the proper stage for an SOU.

Do not assume publication alone means an SOU can be filed.

Step 2: Confirm the NOA Date and Deadline

The initial SOU deadline is six months from the NOA issue date unless a valid extension has moved the applicable deadline.

Step 3: Confirm Qualifying Use

Determine whether the mark is actually being used in commerce for the goods or services that will remain in the SOU.

Step 4: Review the Goods and Services Carefully

Compare current actual use with the goods and services listed in the Notice of Allowance.

Do not automatically certify use for everything simply because it remains in the application.

Step 5: Prepare an Appropriate Specimen

Select real marketplace evidence that shows the mark functioning appropriately for the goods or services.

Step 6: Verify the Dates of First Use

Determine and document:

  • first use anywhere; and
  • first use in commerce

for the applicable class or classes.

Step 7: Confirm the Correct Signer

Make sure the verification is signed by someone authorized under USPTO rules.

Step 8: Review All Classes

Confirm that the mark is in qualifying use for the goods or services included in the SOU and determine how any not-yet-used items should be handled.

Step 9: Pay the Required Statement of Use Fee

The current electronic government fee is $150 per class.

Step 10: Submit the SOU and Continue Monitoring the Application

Filing the Statement of Use does not conclude USPTO review. Monitor the application status for acceptance, an Office Action, or another USPTO communication.

What Happens After You File a Statement of Use?

This section should become significantly stronger than the current article because it aligns directly with the page title and GSC search behavior.

The USPTO first determines whether the SOU is timely and satisfies its minimum filing requirements.

If it does, the filing is forwarded for substantive examination. The examining attorney reviews whether the SOU complies with the Trademark Act and rules, including whether the specimen properly demonstrates trademark use in connection with the relevant goods or services.

From there, one of two broad outcomes is possible.

The SOU Is Acceptable

If the examining attorney finds no outstanding refusal or requirement, the SOU can be accepted and the application can move toward registration. The USPTO currently explains that, after all issues are resolved and the SOU is approved, registration generally issues afterward as the application completes the registration process.

The SOU Has a Problem

If the examining attorney identifies a refusal or requirement, the USPTO may issue an Office Action.

Potential issues can involve:

  • specimen evidence;
  • goods or services;
  • trademark use;
  • verification;
  • dates;
  • drawing issues; or
  • other statutory requirements.

An applicant must address those issues within the applicable USPTO response period. Failure to resolve the refusal or requirement can result in abandonment.

What Does “Statement of Use Processing Complete” Mean?

This is a worthwhile new section because your GSC data shows statement of use processing complete at position 5.4.

When an applicant checks the prosecution history in TSDR, the phrase

STATEMENT OF USE PROCESSING COMPLETE

may appear after the USPTO receives and processes the SOU.

This should not be interpreted as meaning the SOU has been accepted or that the trademark has been registered.

USPTO status records show “Statement of Use Processing Complete” as an intermediate step before later entries such as examiner assignment, SOU acceptance, and registration. A July 2026 USPTO TSDR record, for example, shows the processing-complete entry followed later by assignment to an examiner and then acceptance of the SOU.

In practical terms:

SOU received → preliminary processing → SOU processing complete → examiner review → acceptance or further action.

The exact sequence and timing can vary, but “processing complete” is not synonymous with “registration complete.”

That distinction is especially useful for business owners checking TSDR and wondering why they have not yet received a registration certificate.

What Happens If the Statement of Use Is Refused?

A refused SOU does not necessarily mean that the entire trademark application is immediately lost.

The examining attorney may issue an Office Action explaining the refusal or requirement. Depending on the problem and the applicable statutory deadlines, the applicant may potentially:

  • provide clarification;
  • submit permitted amendments;
  • provide a qualifying substitute specimen;
  • correct a verification;
  • address goods/services issues; or
  • respond with appropriate legal arguments.

But not every deficiency is freely correctable at any time.

For example, a substitute SOU specimen must satisfy specific timing requirements concerning when it was actually in use in commerce.

Because this becomes a different user intent, detailed corrective strategies should live on the dedicated mistakes page:

Statement of Use Mistakes: Specimen, Deadline & Filing Errors to Avoid

What If You Need More Time Before Filing an SOU?

If qualifying use has not begun by the applicable deadline, an eligible applicant can request a six-month extension rather than prematurely filing an SOU.

The current USPTO extension fee is $125 per class, and up to five six-month extensions may be available within the overall three-year period following the Notice of Allowance.

Statement of Use vs. Amendment to Allege Use: What Is the Difference?

An SOU and an AAU serve a similar fundamental purpose: both are allegations of use that allow a Section 1(b) applicant to establish that the mark is now being used in commerce.

Their principal difference is when they can be filed.

IssueAmendment to Allege Use (AAU)Statement of Use (SOU)
Application basisSection 1(b)Section 1(b)
PurposeEstablish qualifying useEstablish qualifying use
Filing stageAfter application filing but before approval for publicationAfter Notice of Allowance
Specimen requiredYesYes
Use must existYesYes
Current electronic fee$150 per class$150 per class
Can it be filed during the blackout period?NoNo
Can SOU-style extensions apply?NoYes, after NOA, subject to applicable rules

The USPTO currently charges $150 per class for either an AAU or SOU.

There is also an important blackout period between approval for publication and issuance of the Notice of Allowance during which neither allegation-of-use filing is normally available.

For applicants specifically dealing with earlier-stage use, see:

Amendment to Allege Use (AAU): When and How to Prove Trademark Use

Can You File an SOU Before You Begin Using the Trademark?

No.

A Statement of Use is an assertion that qualifying use has already occurred.

An applicant cannot properly file an SOU based merely on:

  • a planned launch;
  • an intent to begin selling soon;
  • a mockup of proposed packaging;
  • a draft ecommerce page;
  • internal testing; or
  • a future marketing campaign.

The mark must satisfy the applicable use-in-commerce requirements before the SOU can properly make that claim.

If qualifying use has not begun, the applicant should instead evaluate whether an extension request is available rather than making an inaccurate use declaration.

Should You File the SOU Immediately After Use Begins?

Not necessarily on the first possible day, but an applicant should also avoid unnecessary delay.

The important question is whether the commercial use and supporting evidence are sufficiently established to satisfy the applicable requirements.

Before filing, review:

  • whether the goods have actually been sold or transported or the services actually rendered in qualifying commerce;
  • whether the specimen accurately reflects real use;
  • whether use covers everything being claimed;
  • whether webpage evidence contains the required information;
  • whether use dates are accurate; and
  • whether the proper applicant is making the verified statements.

Filing too early can create a specimen or use problem. Filing too late can put statutory deadlines at risk.

The appropriate timing is therefore based on real commercial use plus reliable evidence, not merely the earliest date on which a filing could theoretically be submitted.

Why a Statement of Use Requires More Than “Proof of a Brand”

The SOU stage can appear straightforward because the applicant already has an application that survived initial USPTO examination and publication.

But the SOU addresses an entirely different issue:

Is the trademark actually functioning in qualifying commerce for the goods or services for which registration is now sought?

The examiner is not simply asking whether the business exists or whether the logo has been created.

The filing addresses:

  • current use;
  • how consumers encounter the mark;
  • which goods or services are actually in use;
  • whether the mark shown in the specimen corresponds with the application;
  • dates of use;
  • and whether required legal representations have been properly made.

That is why an application that successfully passed the earlier examination stage can still encounter a problem during SOU examination.

Frequently Asked Questions

1. What is a trademark Statement of Use?

A trademark Statement of Use is an allegation of use filed in a Section 1(b) Intent-to-Use application after the USPTO issues a Notice of Allowance. It confirms that the trademark is now being used in commerce and includes required evidence and verified information supporting that claim.

2. Does every trademark application need a Statement of Use?

No.

An SOU is specifically associated with Section 1(b) Intent-to-Use applications that reach the Notice of Allowance stage. Applications based on existing Section 1(a) use or certain other filing bases follow different requirements.

3. What does “SOU required from applicant” mean?

When TSDR shows language such as “NOA E-mailed – SOU Required From Applicant,” the Intent-to-Use application has reached the post-NOA stage. The applicant generally must now file an SOU within the applicable period or submit a permissible extension request.

4. How much is the USPTO Statement of Use fee?

The current electronic USPTO Statement of Use fee is $150 per class.

For example, an SOU covering two classes requires $300 in current USPTO SOU government fees.

5. How long after a Notice of Allowance do I have to file the SOU?

The initial period is six months from issuance of the Notice of Allowance. If additional time is needed and the requirements are satisfied, the applicant can request six-month extensions, up to the applicable limits.

6. Can I file a Statement of Use before receiving the Notice of Allowance?

No. An SOU filed before issuance of the NOA is premature. Before approval for publication, qualifying use can potentially be submitted through an AAU instead.

7. What evidence do I need for a Statement of Use?

The SOU requires specimen evidence demonstrating real use of the trademark in commerce. The appropriate evidence differs between goods and services.

Goods specimens may include qualifying labels, tags, packaging, product photographs, or point-of-sale webpages. Service specimens can include qualifying webpages, advertisements, brochures, signage, and similar materials that directly associate the trademark with the services actually being rendered.

8. Can I use a mockup as a Statement of Use specimen?

Generally no. The USPTO requires real-life evidence of marketplace use and identifies digitally created or altered mockups and printer’s proofs as examples of unacceptable specimens.

9. Does one specimen cover every trademark class?

The USPTO requires specimen support for each class covered by the use claim.

A single piece of evidence may sometimes demonstrate qualifying use relevant to more than one class, but it must independently satisfy the specimen requirements for the classes for which it is relied upon.

10. What happens after I file a Statement of Use?

The USPTO first evaluates timeliness and minimum filing requirements. If those are satisfied, an examining attorney reviews the SOU for compliance with the Trademark Act and rules. The SOU may be accepted, or the applicant may receive an Office Action identifying a refusal or requirement.

11. What does “Statement of Use Processing Complete” mean?

It is an intermediate USPTO prosecution-history status and does not mean the trademark has been registered.

Current TSDR examples show “Statement of Use Processing Complete” followed later by examiner review and an entry accepting the SOU.

Applicants should continue monitoring the application for the next USPTO action.

12. Can I change my goods or services when filing an SOU?

The goods or services claimed in the SOU must conform to those covered by the Notice of Allowance. Certain narrowing amendments or deletions may be possible, but the SOU cannot generally be used to expand the application to cover new goods or services.

13. What if I am using the trademark for only some of my listed goods or services?

Do not automatically claim use for items that are not actually in qualifying use.

Depending on the circumstances, unused goods or services may need to be deleted, given additional time where extensions remain available, divided into another application, or otherwise handled through an appropriate USPTO procedure.

14. Can I correct a Statement of Use after filing?

Some SOU issues can be corrected or amended, but what can be fixed depends on the nature of the problem and the applicable statutory deadline.

For example, substitute-specimen rules require qualifying use by the applicable SOU deadline.

This is why a defective SOU should be reviewed promptly rather than assuming it can always be corrected later.

15. What happens if the USPTO rejects my Statement of Use?

The examining attorney may issue an Office Action explaining the refusal or requirement. If the issues can be appropriately addressed, the applicant can respond within the applicable response period. If unresolved objections remain, the application may ultimately be abandoned.

16. Can I withdraw a Statement of Use after filing it?

Generally, once an SOU has been filed after the Notice of Allowance, the applicant cannot simply withdraw it and return the application to its prior Intent-to-Use posture.

That is another reason to review actual use and specimen evidence carefully before filing.

Prepare Your Statement of Use Before You Submit It

A trademark Statement of Use is the step that connects an Intent-to-Use application with the actual commercial use needed for registration. By the time an applicant reaches this stage, substantial time and resources may already have been invested in the brand and the federal application.

Before filing, confirm that:

  • The Notice of Allowance has been issued;
  • Qualifying use has actually begun;
  • The mark shown in the specimen matches the mark being registered;
  • The specimen is appropriate for the goods or services;
  • The listed goods or services accurately reflect current use;
  • Required dates of use are supportable;
  • All relevant classes have been reviewed;
  • The proper person will sign the verification; and
  • The filing will be submitted within the applicable SOU deadline.

The goal is not simply to file a Statement of Use but to submit one that accurately reflects how the trademark is being used and satisfies the USPTO’s requirements.

Need Guidance With a USPTO Statement of Use?

Adams Law Office helps businesses navigate federal trademark applications from filing through registration, including Intent-to-Use applications, Notices of Allowance, Statements of Use, specimen review, extension requests, and responses to USPTO issues.

If you have received a Notice of Allowance or are preparing evidence for an SOU, reviewing the filing before submission can help identify use, specimen, classification, and timing concerns while there may still be options available.

Call Adams Law Office at (510) 649-1331 to discuss your trademark filing.

For more practical guidance on Statements of Use, Intent-to-Use applications, specimens, USPTO filing requirements, and protecting a trademark through registration, follow Adams Law Office on LinkedIn and YouTube.

Sharon Adams

Sharon Adams is a trademark attorney with over a decade of experience helping businesses protect their brands. As the founder of Adams Law Office, she focuses solely on trademark law, offering services like clearance searches, applications, renewals, and brand strategy. Sharon has secured trademarks for companies across industries, from tech and fashion to food and media. She’s a top-ranked UC Davis Law graduate and a trusted legal ally for growing businesses.

“Disclaimer: This blog post is provided by Adams Law Office for educational and informational purposes only. It is intended to offer a general overview and understanding of trademark law and related topics, not specific legal advice. The content reflects the state of the law at the time it was written and may not reflect subsequent legal developments. This material should not be used as a substitute for professional legal counsel tailored to your individual situation. For personalized legal guidance, please consult a licensed attorney.”