USPTO Statement of Use Guide for Non-U.S. Trademark Owners

A USPTO Statement of Use, also known as a USPTO SOU, is the filing that proves a mark is actually being used in U.S. commerce before an intent-to-use trademark application can register.

This is where many applicants get confused. A Notice of Allowance is not a registration. It means the mark cleared examination and publication, but the USPTO still needs proof of actual use in U.S. commerce before the mark can register.

Disclaimer: This article is for general information only, not legal advice. U.S. trademark outcomes depend on the exact facts, the filing basis, and the goods or services involved.

What Is a USPTO Statement of Use?

A Statement of Use, usually called an SOU, is the filing used to prove actual use of a mark in commerce after a U.S. application was filed under Section 1(b), meaning intent to use.

As the USPTO's intent-to-use guidance explains, an applicant may sometimes file an Amendment to Allege Use before the application is approved for publication. After the Notice of Allowance issues, however, the relevant allegation-of-use filing is the Statement of Use.

This distinction matters:

• Section 1(a) actual-use applications already include a use claim and specimen at filing, so an SOU is not part of the normal path.
• Section 1(b) intent-to-use applications cannot register until the applicant later proves use through an acceptable allegation of use.
• Section 44 and Section 66(a) applications do not require a specimen to obtain registration, although specimens and use evidence matter later in U.S. maintenance filings.

Why the Notice of Allowance Is Not the Same as Registration

Many business owners read the Notice of Allowance and assume the difficult part is over. In reality, the NOA only means the application passed examination and publication without being blocked at that stage.

The registration still depends on what happens next:

• you file an acceptable SOU showing real use in commerce, or
• you file a timely extension request because the mark is not yet in use.

That is why the NOA should be treated as a deadline trigger, not as a registration certificate.

USPTO Statement of Use Fees and Deadlines

The deadline framework is simple in theory and easy to mishandle in practice.

• The SOU must be filed within six months of the Notice of Allowance issuance date.
• An SOU filed before the Notice of Allowance is premature.
• If the mark is not yet in use, the applicant can request a six-month extension instead.
• Extension requests can continue every six months, up to five total extensions, but the overall period cannot go beyond 36 months from the NOA date.

The trademark Statement of Use fee is charged per class, so applicants with multi-class applications should calculate the cost before deciding whether to file the SOU, request an extension, delete unused goods or services, or divide the application.

As of July 1, 2026, the USPTO fee schedule lists:

• $150 per class for an SOU filed electronically
• $125 per class for a six-month extension request

The USPTO also lists higher paper fees. Because government fees can change, it is smart to verify the current fee schedule before filing.

Can You File an SOU If Only Some Goods or Services Are in Use?

This is one of the most important practical warnings.

An SOU should be filed only when the mark is actually in use for all goods or services in the Notice of Allowance for which the applicant still wants registration. If only some goods or services are in use, the safer options are usually to:

• delete the goods or services that are not yet in use, or
• divide them into a separate application so the used items can move forward without the unused ones.

For international businesses, this review should be done item by item, not just class by class. A class may look ready at a high level while still containing line items that are not actually in use in U.S. commerce.

What "Use in Commerce" Really Means

Under 15 U.S.C. § 1127 and 37 CFR § 2.56, "use in commerce" is not the same as announcing a launch, building a website, or preparing packaging.

For goods

For products, the mark generally must appear on:

• the goods themselves
• the packaging or container
• labels or tags attached to the goods
• a true point-of-sale display associated with the goods

The goods must also be sold or transported in commerce. This is why advertising alone is usually not enough for goods.

For services

For services, the mark must be used or displayed in the sale or advertising of the services, and the services must actually be rendered in commerce.

That is a different test from goods. A service mark specimen can often come from advertising or promotional material, but the underlying services must already be real, not merely planned.

What Counts as an Acceptable Specimen?

The specimen is the evidence showing that the mark is actually being used in U.S. commerce for the goods or services listed in the application.

For a detailed breakdown of specimen rules, webpage requirements, examples, and common refusals, see iGERENT's separate guide on USPTO trademark specimen requirements.

In the context of a Statement of Use, the key point is that the specimen must match the mark in the application and clearly relate to the goods or services being claimed.

For goods, this usually means showing the mark on the product, packaging, labels, tags, or a true point-of-sale page. Advertising alone is usually not enough.

For services, the specimen may come from a website, brochure, signage, invoice, menu, or other material that clearly connects the mark with services that are already being rendered.

Because a weak or incorrect specimen can lead to refusal, this part of the SOU should be reviewed carefully before filing.

Common Statement of Use Mistakes

The most common SOU problems are not exotic legal issues. They are avoidable filing mistakes.

• Filing too early: an SOU filed before the NOA is premature.
• Using mockups or digitally altered images: the USPTO expects real evidence of use, not intended packaging or draft screenshots.
• Submitting advertising as a specimen for goods: this often fails unless it is a true point-of-sale display.
• Leaving out the URL or access date on webpage specimens: webpage evidence must include that information.
• Using a specimen that does not match the mark in the application: a different version, missing wording, or different presentation can cause refusal.
• Using a specimen that does not match the listed goods or services: the evidence must prove use for what the application actually claims.
• Claiming use for goods or services not yet in use: this is particularly risky because the SOU is a verified filing.
• Using inaccurate first-use dates: the dates should be checked carefully and should reflect the real commercial facts.

Because the SOU is signed under penalty of perjury, "close enough" is not a safe standard. Accuracy matters for the specimen, the dates of use, the goods and services, and the authority of the person signing.

Special Issue for Foreign Trademark Owners

Foreign trademark owners often face two separate issues at the same time: proving use correctly and complying with U.S. representation rules.

If the applicant's domicile is outside the United States or its territories, the USPTO requires representation by a U.S.-licensed attorney. That requirement is separate from the substance of the SOU itself, but in practice it becomes part of the filing strategy.

This matters even more when the owner is preparing U.S.-specific evidence, checking first-use dates, reviewing specimens in English, or deciding whether some goods or services should be deleted or divided before filing.

Practical Checklist Before Filing

Before submitting the SOU, confirm the following:

• The Notice of Allowance has issued.
• The six-month deadline, or any extension deadline, has not expired.
• The mark is actually being used in U.S. commerce.
• The specimen shows the same mark as the application drawing.
• The specimen matches the exact goods or services being claimed.
• There is at least one specimen per class.
• Any webpage specimen includes the URL and access or print date.
• The first-use dates are accurate and internally consistent.
• Goods or services not yet in use are deleted or divided before filing.
• The signer has authority and understands the declaration is verified.
• A foreign-domiciled owner is working through a U.S.-licensed attorney.

For a broader filing-prep list, iGERENT's Complete Checklist for Trademark Registration (USPTO-Ready) is a useful companion resource.

Other Quick FAQs

How do you file a Statement of Use with the USPTO?

To file a Statement of Use with the USPTO, the applicant must submit the correct post-Notice of Allowance filing, pay the required government fee per class, provide an acceptable specimen, confirm the first-use dates, and sign the declaration. If the mark is not yet in use for all goods or services, a USPTO Statement of Use extension, deletion, or division may be safer than filing too early.

Is a Notice of Allowance the same as a trademark registration?

No. A Notice of Allowance means the application has cleared examination and publication, but the mark will not register until the applicant files an acceptable SOU or otherwise satisfies the post-NOA requirements.

How long do you have to file a USPTO Statement of Use?

The first deadline is six months from the Notice of Allowance issuance date. If the mark is not yet in use, the applicant may request six-month extensions, but the full timeline cannot go beyond 36 months from the NOA.

Can you file an SOU if only some listed goods or services are in use?

Not if you still seek registration for the unused items in the same filing. The better approach is usually to delete the unused goods or services or divide them into a separate application.

What is an acceptable specimen for goods?

For goods, the specimen should usually show the mark on the product, packaging, tags, labels, or a true point-of-sale display. Pure advertising is usually not enough.

Do foreign trademark owners need a U.S.-licensed attorney?

If the owner's domicile is outside the United States or its territories, yes. The USPTO requires representation by a U.S.-licensed attorney in trademark matters.

Need Help Before You File?

If you are preparing a U.S. trademark filing or trying to decide whether to file an SOU, request an extension, or divide unused goods or services, iGERENT's International Trademark Registration Service can help you plan the filing and coordinate the right next step.

Trusted by 12,000+ businesses to register and manage trademarks in 180+ countries, iGERENT works through one dedicated specialist coordinating local counsel, with fixed quotes and clear timelines.

Prefer to ask a couple of questions first? Contact iGERENT for a free, no-obligation quote.