Statement of Use

What is a Statement of Use?

A Statement of Use is a sworn declaration that your mark is now being used in interstate commerce in connection with the goods or services listed in your application. It includes a specimen showing how the mark is used — packaging, labels, website screenshots, and similar evidence.

When is it required?

An SOU is required for applications filed under Section 1(b). Typically, the USPTO issues a Notice of Allowance after examination, which starts a 6-month window to either file the SOU or request a 6-month extension.

• Notice of Allowance — issued after the opposition period
• 6-month initial SOU window
• Up to 5 extensions of 6 months each (30 months total)
• Additional fees apply for each extension

What goes into an SOU

The SOU must accurately reflect current use in commerce. It includes specific details about your products or services, and a specimen for each class.

• Dates of first use in commerce
• Dates of first use anywhere
• Specimen showing current use (per class)
• Description of how the specimen demonstrates use
• Fee per class
• Signed declaration under penalty of perjury

Common SOU problems

A deficient SOU can cause your application to be refused or require additional response. Watch for these issues:

• Specimen does not actually show the mark
• Specimen is a mockup rather than a real product or webpage
• Mark differs from the one shown in the application
• Specimen covers wrong goods or services
• Dates of use are incorrect or unsupported

What happens after SOU approval

Once the SOU is approved, your mark proceeds to registration. The registration certificate is issued, and you gain the right to use the ® symbol. From there, maintenance filings become due — starting with Section 8 at the 5th year.