What Is a Statement of Use?

The Intent-to-Use Track Refresher

When you file a trademark application on an Intent-to-Use (ITU) basis, you're claiming that you have a bona fide intention to use the mark in commerce, but you're not using it yet. This lets you lock in an early priority date before your product or service launches.

The USPTO processes your application through examination and publication just like a use-based application. If no one opposes it during the 30-day opposition period, the USPTO issues a Notice of Allowance, a formal notice that your mark has been approved but cannot register until you demonstrate actual use.

What Is a Statement of Use?

A Statement of Use is a verified declaration filed with the USPTO stating that your mark is now being used in interstate commerce. It must include:

• The date of first use in commerce
• A specimen showing the mark as actually used in commerce
• A verified statement signed by an authorized representative
• Payment of the required USPTO fee per class

Once the Statement of Use is accepted, the USPTO issues your Certificate of Registration and your mark is formally registered.

What Counts as a Valid Specimen?

The specimen must show the mark in actual use, not a mock-up or design concept. What's acceptable depends on whether you're registering a mark for goods or services:

For Goods

Acceptable specimens include labels, hang tags, product packaging, or photographs of the mark as it appears on the product itself. A website screenshot may be acceptable if it shows the mark and a means to purchase the product.

For Services

Acceptable specimens include website screenshots showing the mark used in connection with the actual services, brochures, advertisements, or business cards, as long as they clearly associate the mark with the services offered.

The Deadline and Extension Process

You have 6 months from the Notice of Allowance date to either file your Statement of Use or file a Request for Extension of Time.

If you're not yet using the mark in commerce, you can request extensions in 6-month increments, up to a maximum of 5 extensions (30 months total) from the Notice of Allowance date. Each extension requires payment of a USPTO fee per class and a verified statement that you still have a bona fide intention to use the mark.

If you miss the deadline and fail to file an extension or Statement of Use, your application will be abandoned. This means losing your priority date and having to start over, at a cost of both money and time.

What If You Need More Time?

Missing your deadline is serious, but a single extension request buys you another 6 months. If your product launch is delayed, if you're still developing your service, or if you're simply not ready, file the extension early. Do not wait until the last moment.

Note that while extensions can push your Statement of Use deadline out significantly, there is no indefinite holding. The USPTO expects that marks will eventually enter commerce. If you ultimately don't use the mark, the application will need to be abandoned.

Statement of Use vs. Amendment to Allege Use

If you begin using your mark in commerce before the Notice of Allowance is issued, you can file an Amendment to Allege Use (AAU) instead. The AAU essentially converts your ITU application to a use-based application during examination. Once a Notice of Allowance has been issued, the Statement of Use is the only option.