Statement of use for a trademark

Who needs one

A statement of use applies to applications filed on an intent-to-use basis. That is the route for a brand you plan to launch but have not yet sold under. If you filed after you were already using the mark in commerce, you gave proof of use with the application and this step does not apply to you.

When it is due

The USPTO examines the application and publishes it for any opposition. If it clears, the USPTO issues a notice of allowance. A statement of use is then due within six months of that notice.

If the mark is not ready by then, you can ask for an extension, in six-month steps, with a fee for each request. The extensions have an outer limit of 36 months from the notice of allowance, so a launch that keeps slipping can run out of time.

What proof of use means

The statement of use declares that you are using the mark in commerce on the goods or services you listed, and it comes with a specimen. A specimen is a real example of the mark in use, such as a photo of a label, a tag or packaging, or a web page that shows the mark next to the product and a way to buy it. For services, it can be an advertisement or a page that shows the mark while describing the service.

A design mock-up generally does not qualify. A specimen that fails is a common reason for a refusal at this stage, so we look at yours before we file.

What we do

1. Check the list of goods or services in your application against what you actually sell.
2. Review your specimen and tell you if it is likely to be accepted.
3. Prepare and file the statement of use, with the USPTO fee for each class.
4. If you are not ready, file an extension request in time and track the next date.

If some goods or services are not in use yet, there are options for the ones that are, and we go through them with you.

What it costs

We quote a flat price for preparing and filing the statement of use. Call or send your details for the quote. The USPTO charges its own fee for each class, which we confirm when we talk. Extension requests carry a USPTO fee as well. You see each amount before you agree to anything.

What you do

• Tell us the date you first used the mark and the date you first sold under it across state lines or internationally.
• Send a clear photo or screenshot that shows the mark as customers see it.
• Let us know early if your launch date moves.

If the deadline is missed

If neither a statement of use nor an extension arrives in time, the application is abandoned. Read about reviving an abandoned application to see what may still be possible.

Related pages

For the overall process, see register a trademark and how long a trademark takes. If you are still choosing a name, try the free trademark search first.

This is general information, not legal advice.