After filing an Intent to Use trademark application, you’ll eventually need to show the USPTO that your mark is actually being used in real business. That’s where the statement of use trademark comes in. Many people believe it is just a form, but with the help of proper evidence, it is essential to prove your brand is alive in the marketplace. Filing this correctly keeps your application moving forward. A misstep can mean delays or even losing your spot entirely. Knowing how to file a statement of use trademark documents the right way matters more than most new applicants realize.
What Counts as “Use in Commerce”
The USPTO has clear rules about what qualifies as real-world use. For products, your trademark must appear on the item itself. It can be on the product packaging or a display connected to sales. For services, it should show up in ads, websites, or materials directly tied to offering those services.
- On goods, it can be on the label, tag, packaging, or product display.
- On services, it can be on a website, brochure, ad, or signage showing the service.
- Must involve actual sales or active service delivery.
- Internal documents like invoices don’t count.
Timing Matters a Lot
Once you get a Notice of Allowance, the timing of submitting the statement matters a lot. You get six months to submit your statement of use trademark. If you’re not ready, you can request up to five six-month extensions. It is also essential to know that each extension costs extra and isn’t automatic. When you miss the final deadline, your application is abandoned. After this, you’d have to start over from scratch.
- First deadline: 6 months after Notice of Allowance
- Up to 5 extensions possible
- Each extension requires a fee and a formal request
- No extensions after the final deadline, the application dies
Specimens Must Show Real Customer Interaction
A strong specimen plays a unique role in showing what exactly a customer sees when buying your product or hiring your service. Make sure to think of it as proof that your brand is out there doing business, not just sitting on a logo file.
- Product example: photo of your mark on a shirt tag or coffee bag
- Service example: screenshot of your homepage offering consulting
- Avoid mockups, design drafts, or placeholder pages
- The mark and service/product must clearly connect
Fees and Next Steps
Filing a statement of use trademark includes a USPTO fee per class. Along with this, you also have to pay for any service help you use. Once submitted, the USPTO reviews it like any other part of your application. Approval moves you toward registration. Rejection gives you a chance to respond, or otherwise you lose your place.
- The USPTO fee is $100 per class
- Processing time varies
- Approved? Your registration issues will soon be addressed
- Rejected? You may get one chance to fix it
Don’t Rush, But Don’t Wait Either
It’s tempting to file the moment you make your first sale. But if that sale was a test or to a friend, it might not count as true “commerce.” On the flip side, waiting too long risks missing deadlines. It is better to aim for consistent and long transactions before submitting.
- One-off or internal sales usually don’t qualify.
- Sales across state lines strengthen your case.
- Keep dated records such asin the form of receipts, shipping info, and screenshots.
- Match your specimen to your actual customer experience.
What It All Means
A statement of use trademark filing cements your mark for keeps across U.S. soil. Where getting your trademark across the finish line means proving your brand is real, active, and in front of customers, the statement of use trademark is your chance to show that. our chance to show that. Take time to gather the right proof and double-check your details.
