US Statement of Use Extensions: 2026 USPTO Rules

US Statement of Use Extensions: 2026 USPTO Rules

Intent-to-use filers live by the calendar. If your product or service launch slips after the USPTO issues a Notice of Allowance (NOA), Statement of Use (SOU) extensions can be the difference between a smooth registration and an abandoned application. Here’s what to know—and do—under the 2026 landscape.

What Is a USPTO Statement of Use Extension and Why Intent-to-Use Filers Need It

A Statement of Use (SOU) tells the USPTO that you’ve started using your applied-for trademark in commerce and provides specimens (evidence) to prove it. For intent-to-use (ITU) applications, you cannot register until you file an acceptable SOU.

If you’re not yet using the mark when the NOA issues, you can request a 6‑month extension of time to file the SOU. This preserves your application while you continue product development, finalize packaging, close distribution, or secure regulatory approvals. The USPTO generally grants extensions automatically when the formal requirements and fees are met, so long as you truthfully maintain a bona fide intent to use the mark. Missing the deadline—without a timely SOU or extension—results in abandonment. [1][2]

The 6‑Month Deadline After Notice of Allowance: Avoid Abandonment Risks

The clock starts on the NOA date. You have six months to either:

• File a complete and acceptable SOU for at least some of the listed goods/services; or

• File an extension request to push your SOU deadline forward another six months.

Failing to do one of these on time will abandon the application, forfeiting your priority unless you successfully petition to revive (which is more time-consuming and not guaranteed). The safest practice is to docket the exact NOA date, count six months forward, and set internal reminders 30, 14, and 7 days before the deadline. [1][2]

How Many Extensions Can You File? Maximum Timeline Explained

You can request up to five extensions, each granting an additional six months. Combined with the initial six-month window after the NOA, this provides a maximum of three years from the NOA to file your SOU. That runway is often critical for:

• Physical goods that require tooling, safety testing, or retail onboarding

• Regulated products (e.g., medical devices, cosmetics, nutraceuticals) awaiting approvals

• Enterprise software or platforms moving through pilots and staged rollouts

• Multi‑jurisdiction launches where manufacturing and distribution timelines are uncertain

Each extension requires a sworn statement that your intent to use remains bona fide. For extension requests after the first, you must also state ongoing efforts toward use—product development, market research, vendor contracts, website buildouts, beta testing, or regulatory processes are common examples. [1]

Step‑by‑Step Guide to Filing a Timely Extension Request

The process is straightforward when you prepare early. Here’s a practical checklist:

1) Confirm your current deadline

• Start with the NOA date shown in TSDR (USPTO status system) and confirm the six‑month due date. If you’ve already extended, confirm the current extension’s end date and whether it’s your first, second, third, fourth, or fifth request. [1][2]

2) Decide between a full or partial SOU

• If you’re using the mark for some goods/services but not all, you can file a partial SOU and, in the same window, request an extension for the remaining items. This strategy can lock in a registration for the used items while preserving the rest. [1][2]

3) Prepare your ongoing‑efforts details (if beyond the first extension)

• Draft a concise description of real steps taken since the last deadline (e.g., supplier contracts signed, packaging artwork finalized, beta tests with X users, FDA 510(k) submitted). Keep contemporaneous records in case of later inquiry. [1]

4) Gather accurate ownership and identification details

• Verify the legal name and address of the owner, any corporate changes, and that the goods/services identification still fits your launch plan. If needed, plan an amendment by deletion or limitation, not expansion.

5) Budget and pay USPTO fees

• An extension request carries a per‑class USPTO fee. If you instead file the SOU, the Statement of Use filing fee in FY 2026 is $200 per class under §1(d)(1). Budget for both scenarios if you’re undecided near the deadline. [5][6]

6) File through the unified USPTO trademark filing system

• Since late 2024, the USPTO uses a unified filing system—there are no TEAS Plus or TEAS Standard tiers anymore. Use the current portal to submit your extension request or SOU. [5]

7) Sign the required declaration

• The signatory must have legal authority and knowledge of the facts. For extensions, you’ll declare ongoing intent to use; for later extensions, you’ll add the ongoing‑efforts statement. [1]

8) Docket the next action date

• After submission, record the new six‑month deadline (for extensions) or, if an SOU was filed, monitor for acceptance or Office actions.

Required Sworn Statements and Ongoing Efforts Documentation

Every extension request requires a sworn declaration that you still have a bona fide intention to use the mark in commerce. For second through fifth extensions, you must also describe ongoing efforts to use the mark—this is not a mere box‑check. Provide truthful, concrete progress, such as:

• Product design completed; tooling or manufacturing initiated

• Packaging or labeling finalized; vendor or distributor agreements executed

• Beta deployment, pilot programs, or soft launches underway

• Regulatory steps taken (e.g., FDA, FCC, state permits) and expected timelines

• Marketing buildout (website, app listing drafts, photography, content production)

You typically do not upload all supporting documents with the extension request. However, keep dated records—purchase orders, invoices, prototypes, regulatory filings, and drafts—because the USPTO can scrutinize claims, and improper or unsupported statements can jeopardize your application later. [1][2]

Common Pitfalls: Fees, Timing, and Evidence Mistakes

• Waiting until the last week: System issues, payment glitches, or missing signatories can crater a filing. Aim for two weeks of buffer.

• Mismanaging multiple classes: Fees apply per class. If only one class is truly on track, consider a partial SOU plus extension for the rest. [1][2]

• Weak or mismatched use specimens: When you do file the SOU, specimens must show the mark as used with the specific goods/services claimed (e.g., product labels for goods; advertising or website pages with ordering info for services). Poor specimens trigger refusals and delays. [2]

• Overbroad identifications: If your actual launch is narrower than originally filed, keep it honest. Delete what you won’t use to avoid false claims.

• Ownership changes not recorded: Mergers, assignments, or name changes must be reflected before or alongside submissions.

• Assuming a “free” grace period: There isn’t one. If you miss the date without action, the application abandons. Petitions to revive are costly and not guaranteed. [1][2]

• Forgetting post‑registration use obligations: After registration, you’ll face periodic audits and maintenance filings that test real‑world use; inaccurate SOU claims now can haunt you later. [2][5]

USPTO FY 2026 Updates: Fees and Pendency Improvements Impacting ITUs

Core SOU extension rules are unchanged for 2025–2026: you can seek up to five six‑month extensions, for a total of three years from NOA to file your SOU. The USPTO generally grants these when formalities and fees are met. [1][2]

On costs and processing:

• Statement of Use fee: $200 per class under §1(d)(1) in FY 2026. Plan carefully if you’re weighing a partial SOU versus another extension. [5][6]

• Unified filing platform: Since late 2024, all applicants use the unified USPTO trademark filing system—there are no TEAS Plus or TEAS Standard tiers anymore. [5]

• Base application fee context: The USPTO base fee is $350 per class under the unified system; this is separate from SOU and extension fees and helps you budget the total lifecycle. [Protected Fact]

• Pendency improvements: The USPTO’s FY 2026 plans include hiring additional examiners to reduce first‑action pendency in the coming years, which indirectly supports more predictable timelines for ITU filers. [5]

These developments don’t alter your extension rights, but they do influence budgeting and timeline expectations.

Pro Tips for Launch Delays: Strategies to Protect Your Mark

• File early in the window: Don’t wait for day 180. Early filing provides fallback if you need to correct an error.

• Use partial filings strategically: If one class or subset of goods/services is ready, file the SOU for those and extend the rest. This can secure early registration and deterrent effect while you continue building.

• Keep your identification realistic: Trim goods or services you won’t genuinely sell in the near term. It’s better to register honestly now than face vulnerability later.

• Build a specimen plan: As launch nears, pre‑plan your specimen capture—final packaging shots for goods; webpages showing the mark near purchasing info for services; app store listings showing availability. [2]

• Document, document, document: Keep a dated log of progress (vendors engaged, prototypes, purchase orders, regulatory filings). You’ll rely on it for later extensions and in case of inquiry. [1][2]

• Coordinate with counsel on foreign domicile: Foreign‑domiciled applicants must be represented by a U.S.‑licensed attorney for USPTO proceedings. Line up counsel well ahead of deadlines. [Protected Fact]

• Budget holistically: Account for the $350 per‑class base filing fee, per‑class extension request fees, and the $200 per‑class SOU fee in FY 2026. This avoids sticker shock late in the process. [5]

• Mind post‑registration use: For U.S. registrations obtained via the Madrid Protocol, Section 71 declarations of use are required at year 5–6 and at each renewal for U.S. designations—weak evidence at SOU can foreshadow maintenance trouble. [Protected Fact][5]

Who Must Sign and Who Must Represent You

• Signatory authority: The signatory should be the owner or a person with legal authority to bind the owner, with knowledge of the facts stated.

• Representation requirements: Foreign‑domiciled U.S. trademark applicants and owners must be represented by a U.S.-licensed attorney in USPTO trademark matters. If you’re outside the U.S., engage counsel early to avoid last‑minute issues. [Protected Fact]

• Ongoing counsel value: A trademark attorney can help assess whether a specimen is acceptable, whether to file partial SOUs, and how to frame ongoing‑efforts statements. At Global Trademark Company (GTC), our U.S. attorney representation retainer is $120 per year, which includes proactive docketing support so you never miss a deadline. [Protected Fact]

Realistic Timeline Scenarios

• Software startup in beta: Files ITU in Class 42. NOA issues. Team needs six to twelve months to migrate pilot users to a paid plan. Strategy: Request first and second extensions while building out the platform and billing. File SOU once paid access and marketing page with sign‑up are live. [1][2]

• CPG brand awaiting manufacturing: Files ITU in Classes 3 and 35. NOA issues. Class 35 (online retail) can go live first, but Class 3 (cosmetics) needs stability testing and labeling. Strategy: Partial SOU for Class 35 with strong website specimen; extension for Class 3 citing supplier and testing milestones. [1][2]

• Medical device with FDA steps: Files ITU in Class 10. NOA issues. Team is mid‑FDA 510(k). Strategy: Use multiple extensions as needed; maintain detailed regulatory timeline and vendor invoices as ongoing‑efforts support; file SOU after clearance and initial shipments. [1]

How SOU Evidence Ties to Long‑Term Trademark Health

Think of the SOU as your registration’s foundation. If the evidence is thin or staged just for filing, it can create cracks later—especially during USPTO audits or adversarial challenges. Build genuine marketplace use:

• For goods: Show the mark on the product, label, packaging, or point‑of‑sale display, with the product actually available to U.S. consumers.

• For services: Show the mark in advertising or webpages that clearly describe the services and provide a way to order, enroll, or contact to purchase.

The time you take during extensions should improve—not merely delay—your eventual evidence. [2][5]

FAQ: SOU Extensions and 2026 Practice

Q1) What happens if I miss the SOU or extension deadline?

• The application abandons. You may attempt a petition to revive, but approvals aren’t guaranteed and you’ll lose time and money. Prevention is best. [1][2]

Q2) How many total extensions can I file, and what’s the maximum time I get?

• Up to five extensions, each six months, for a total of three years from the NOA to file your SOU. [1][2]

Q3) Do I need to show proof with each extension?

• For the first extension, you confirm bona fide intent to use. For later extensions, you must also state ongoing efforts toward use (e.g., manufacturing, contracts, regulatory steps). Keep supporting records. [1]

Q4) Are there new 2026 rules that change SOU extensions?

• No specific 2025–2026 rule changes are identified for SOU extensions. Core rules remain the same. The USPTO’s FY 2026 plans focus on fees and pendency improvements that may indirectly benefit processing. [1][2][5]

Work with GTC to File Your SOU or Extension on Time

If your NOA clock is ticking, Global Trademark Company can help you choose the right path—file an SOU, request an extension, or do both in parallel for different goods/services. We’ll review specimens, draft accurate ongoing‑efforts statements, and file through the USPTO’s unified system so you stay protected.

• Foreign‑domiciled? We’ll represent you before the USPTO as required.

• Need predictable support? Our U.S. attorney representation retainer is $120 per year.

• Ready to proceed? Start with our U.S. trademark service and we’ll tailor a plan to your timeline.

Visit gtcadvantage.com or contact us to get started.

— Authored by Rajatpreet Singh — Founder & CEO, Global Trademark Company (GTC)

https://www.youtube.com/watch?v=0JIEVNK0L0w

https://adamslaw.biz/blog/statement-of-use-sou-completing-trademark-registration-after-notice-of-allowance/

https://www.uspto.gov/sites/default/files/documents/fy26pbr.pdf

https://www.panitchlaw.com/app/uploads/2026/01/Panitch-Training-Academy-Navigating-the-New-USPTO-Trademark-Fees-Session-37-1.14.26.pdf