Statement of Use (SOU): What It Is, When to File, and How to Avoid Abandonment

Statement of Use (SOU): What It Is, When to File, and How to Avoid Abandonment

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 fees.

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 SOU and the related Amendment to Allege Use (AAU), applies only to Section 1(b) filings under the USPTO’s ITU forms system (USPTO ITU forms overview: https://www.uspto.gov/trademarks/apply/intent-use-itu-forms).

{{IMAGE: Process flow diagram from filing basis to NOA to SOU or extension | ITU timeline from filing to registration}}

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 (USPTO SOU minimum requirements: https://www.uspto.gov/trademarks/apply/statement-use-sou-minimum-filing-requirements).

When is the SOU due after the Notice of Allowance?

You have six months from the mailing 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. Extensions are available within the USPTO’s ITU framework, but you must request them on time (USPTO ITU forms overview: https://www.uspto.gov/trademarks/apply/intent-use-itu-forms). Missing the SOU deadline without an approved extension risks abandonment of the application.

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.

{{IMAGE: Calendar timeline with NOA date at Day 0, reminder at Day 150, SOU or extension by Day 180 | Post‑NOA deadline architecture}}

What must an SOU include to meet USPTO minimums?

File the SOU through TEAS 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.
• Government filing fees.

The declaration is serious. The USPTO’s form includes a warning that false statements can trigger penalties under 18 U.S.C. § 1001 (see AAU form text, which mirrors SOU language: https://www.uspto.gov/sites/default/files/trademarks/teas/AAU.pdf). 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.

These examples come straight from the USPTO’s guidance (AAU form specimen notes: https://www.uspto.gov/sites/default/files/trademarks/teas/AAU.pdf; SOU minimums: https://www.uspto.gov/trademarks/apply/statement-use-sou-minimum-filing-requirements).

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, read our guide on accepted formats: Trademark Specimens: What the USPTO Accepts and Rejects.

{{IMAGE: Side‑by‑side comparison of acceptable vs weak specimens for goods and services | Specimen do’s and don’ts}}

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 (USPTO ITU forms overview: https://www.uspto.gov/trademarks/apply/intent-use-itu-forms).

{{IMAGE: Timeline strip marking AAU window before publication and SOU window after NOA | AAU vs SOU filing windows}}

Is an SOU the same as a post‑registration declaration of use?

No. A Section 8 or 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 a plain‑English comparison here: https://www.tramatm.com/en/trademark-questions-and-answers/specifics-of-us-trademarks/what-is-the-difference-between-a-statement-of-use-and-a-declaration-of-use

What happens if you miss the SOU deadline?

If you do not file a complete SOU or a timely extension, the application is at risk of abandonment. 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 across 107 jurisdictions, and we handle U.S. ITU prosecution end to end. If you want us to take this off your plate, start here: /services/sou-filing.

Related reading:

• US Statement of Use Extensions: 2026 USPTO Rules
• Trademark Specimens: What the USPTO Accepts and Rejects
• How to Respond to a USPTO Office Action: Step-by-Step