All

How Do You File a Statement of Use?

Find out how to file a USPTO Statement of Use after a Notice of Allowance and what minimum requirements the filing must include.

Direct answer

To file a Statement of Use, wait until the USPTO issues a Notice of Allowance for an intent-to-use application, then submit the required allegation of use through the USPTO with the mark, goods or services in use, dates of use, a specimen, and the required fee. If you are not ready, file an extension request before the six-month deadline.

Notice of Allowance + use in commerce + specimen and fee = Statement of Use filing

Statement of Use requirements

Applicant information

Who is filing

Must match application record

Use in commerce statement

Mark is now used

Cannot be premature

Dates of use

When use began

Must be accurate

Specimen

Real-world use of mark

Wrong specimen can trigger refusal

Fee

USPTO filing fee

Required for filing

Requirement	What it shows	Watch for
Applicant information	Who is filing	Must match application record
Use in commerce statement	Mark is now used	Cannot be premature
Dates of use	When use began	Must be accurate
Specimen	Real-world use of mark	Wrong specimen can trigger refusal
Fee	USPTO filing fee	Required for filing

Statement of Use is post-allowance

This is different from the initial application. It is for intent-to-use applications after the USPTO issues a Notice of Allowance and before registration can issue.

File the statement

1Confirm the application has a Notice of Allowance.
2Confirm the mark is actually in use in commerce for the listed goods or services.
3Prepare an acceptable specimen and dates of use.
4Submit the Statement of Use and required fee through the USPTO.
5File an extension request before the deadline if you are not ready to submit use evidence.

FAQ

Who needs to file a Statement of Use?

USPTO Section 1(b) intent-to-use applicants must file an allegation of use, such as a Statement of Use, before registration can issue.

When is a Statement of Use due?

The USPTO says a Statement of Use is due within six months after the Notice of Allowance unless an extension request is filed.

What does a Statement of Use need?

USPTO minimum requirements include applicant information, a statement that the mark is in use in commerce, a specimen, dates of use, goods or services, and the required fee.

Sources & method

We reviewed these references while writing this answer. Figures are estimates — confirm safety-critical work with a professional. Last updated June 7, 2026.