If you filed on intent to use, your registration does not issue until you prove use. After the USPTO sends a Notice of Allowance, you have six months to file a Statement of Use or request an extension. The SOU needs a sworn statement, a specimen for each class, and the government fee of $150 per class.
You likely know the basics. A Section 1(b) application reserves your place while you get to market. The SOU is the post-Notice of Allowance filing that flips your application to registration by proving real use in commerce. The framework, including the SOU and the related Amendment to Allege Use (AAU), applies only to Section 1(b) filings under the USPTO's intent-to-use (ITU) forms system.
What is a Statement of Use?
A Statement of Use is the filing you submit after the USPTO issues a Notice of Allowance in a Section 1(b) application. It shows the mark is in actual use in U.S. interstate commerce for the goods and services you listed. The USPTO states that a timely SOU must include a verified statement of use, specimen evidence, and the required fees.
When is the SOU due after the Notice of Allowance?
You have six months from the issue date of the NOA to file a complete SOU. If you are not using the mark yet, file an extension request before that six-month deadline. Each extension buys another six months, and you can request up to five of them, for a maximum of 36 months after the NOA. Missing the SOU deadline without an approved extension means the application is abandoned.
Practical tip from our docket: put the NOA date and a 30-day reminder on your calendar. If production or launch slips, switch to an extension request by day 150. That keeps options open without rushing a weak specimen.
US Statement of Use Extensions: 2026 USPTO Rules explains how extensions work and common timing strategies.
What does it cost?
| Filing | USPTO fee |
|---|---|
| Statement of Use | $150 per class |
| Request for extension of time to file the SOU | $125 per class, per request |
Government fees are per class, so a two-class application costs $300 to file the SOU. Our attorney fee for preparing and filing the SOU is listed on the Statement of Use service page.
What must an SOU include to meet USPTO minimums?
File the SOU through the USPTO's online forms with these three elements, or the USPTO will refuse it:
- A verified statement that the mark is in use in commerce. This is a sworn declaration that the mark is used on or in connection with all listed goods and services for the classes you include in the SOU.
- Specimen evidence of use. At least one acceptable specimen per class.
- The government filing fee.
The declaration is serious. The USPTO's form warns that false statements can trigger penalties under 18 U.S.C. § 1001. If some goods or services are not yet in use, do not include them in the SOU. Either delete them or request an extension for that class instead of over-claiming.
What counts as a proper specimen of use?
The USPTO accepts different specimen types for goods and for services. The core rule is one acceptable specimen per class.
- Goods examples. Labels, tags, packaging, or a point-of-sale display that shows the mark and the goods together. A product photo that clearly shows the mark on the container or label is typical.
- Services examples. Advertising or webpages that show the mark used in the rendering of the services, such as a services page that displays the mark and describes what you do, with a way to contact or sign up.
From our files: a consumer goods client sent only a web banner as their specimen for powdered supplements. The examiner refused it as advertising for goods, not evidence that the mark appears on the goods. We cured it with a photo of the actual pouch showing the mark on the label. Simple change, fast allowance.
If you are unsure whether your proof will pass, our Specimen Guide shows accepted and rejected formats by industry.
How do you handle multiple classes?
Treat each class as its own proof packet. You need at least one specimen that fits that class and a verified statement that the listed goods or services in that class are in use. If you are ready in Class 25 but still tooling up in Class 35, file the SOU for Class 25 now and request an extension for Class 35. Do not stretch a single specimen across mismatched classes.
SOU vs. AAU: what is the difference?
Timing. An Amendment to Allege Use (AAU) can be filed before publication if your 1(b) mark starts being used during examination. A Statement of Use (SOU) is filed only after a Notice of Allowance. Both require a verified statement, a specimen per class, and fees, but they live in different windows of the same ITU pathway.
Is an SOU the same as a post-registration declaration of use?
No. A Section 8 or Section 71 declaration of use is a post-registration maintenance filing for registered marks to keep protection alive at set intervals. An SOU is a pre-registration filing in an ITU application. Different stages, different forms, different purposes. See Section 8 and Section 15 Declarations for the maintenance side.
What happens if you miss the SOU deadline?
If you do not file a complete SOU or a timely extension, the application is abandoned. Do not wait for the last week. If launch is slipping, file the extension on time and keep the application alive.
How we help you get to registration without stumbles
We prepare and file SOUs for founders and brand teams every week. A licensed attorney checks your specimens class by class, fixes descriptions that overreach, and files the sworn statements correctly. If the examiner raises a question, you will have counsel who already knows the record.
GTC is an attorney-led firm founded in 2016, with 5 offices and 11 in-house lawyers. Our trademark team supports filings in more than 100 jurisdictions, and we handle U.S. ITU prosecution end to end. If you want us to take this off your plate, start with our Statement of Use service. If you have not filed yet and want the intent-to-use route explained before you start, our U.S. trademark service covers the application through to the SOU.
Related reading:
- US Statement of Use Extensions: 2026 USPTO Rules
- Specimen Guide: What the USPTO Accepts and Rejects
- Trademark Office Actions Explained
Sources
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Frequently Asked Questions
What is a Statement of Use (SOU)?
In a U.S. intent-to-use application, an SOU is the post-NOA filing that proves the mark is in current use in commerce for the listed goods and services in each class.
When is an SOU due?
Within six months after the USPTO issues the Notice of Allowance. If you are not using the mark by then, request an extension before the deadline under the ITU framework.
How much does it cost to file an SOU?
The USPTO fee is $150 per class. An extension request is $125 per class each time. Attorney fees are on the Statement of Use service page.
What must an SOU include to meet USPTO minimum filing requirements?
Three things. A verified statement that the mark is in use in commerce, specimen evidence for each class, and the government filing fees. File all three or the USPTO will refuse the SOU.
How many specimens are required?
At least one specimen per class. For goods, acceptable examples include labels, tags, packaging, or a point-of-sale display. For services, website pages or advertising that show the mark used in rendering the services are common.
Can I file an SOU if my mark is not yet in use?
No. Do not file the SOU until the mark is actually in use for the goods and services you include. If you need more time, file an extension request before the NOA deadline.
Is an SOU the same as a post-registration declaration of use?
No. A post-registration declaration of use keeps a registration alive. An SOU is a pre-registration filing used only in ITU applications after an NOA.
