Statement of Use & Extension of Time

Filed an intent-to-use application and received a Notice of Allowance? You're almost registered — you just need to prove you're using your mark (a Statement of Use) or buy more time (an Extension). Our attorneys handle both, on time.

Statement of Use from $295 · Extension from $320 + USPTO fee

Check your Statement of Use deadline & file

Start here — enter your USPTO serial number and we'll check your status.

Enter your USPTO serial number and we'll check your Statement of Use status and deadline:

What is a Statement of Use?

When you file a trademark based on intent to use, the USPTO approves the mark and issues a Notice of Allowance (NOA) — but it won't actually register until you prove you're using the mark. A Statement of Use (SOU) is that proof: a sworn filing, with a specimen, showing your trademark in real commercial use.

Your deadline: the Notice of Allowance clock

Once the NOA issues, the clock starts. Here's how it works:

  1. 6 months from the Notice of Allowance

    File your Statement of Use (if you're using the mark) or a Request for Extension of Time (if you're not yet).

  2. Need more time? Extensions

    You can file up to five 6-month extensions — up to three years total from the NOA — while you get your product or service to market.

  3. Registration

    Once the USPTO accepts your Statement of Use, your trademark registers and you receive your certificate.

Miss the deadline and the application is abandoned. You'd lose the filing (and its fees) and have to start over with a brand-new application — losing your original filing date. If you've already passed the deadline, you may be able to revive it; call us and we'll advise.

Statement of Use vs. Extension of Time

File a Statement of Use

Choose this if you're already using your trademark in commerce and can provide a specimen. This moves your mark to registration.

File an Extension of Time

Choose this if you're not using the mark yet. It buys another 6 months — keeping your application alive while you prepare.

Why filing on time matters

  • Protects the filing date and priority you've already paid for and waited on.
  • Avoids abandonment — and the cost and risk of re-filing from scratch.
  • Gets your mark to registered status, unlocking the ® symbol and full enforcement rights.
  • Keeps you eligible for Amazon Brand Registry and other programs that require a registration.

What's included

  • Attorney preparation and filing of your Statement of Use or Extension of Time.
  • Specimen guidance — we help you select and submit specimens that meet USPTO requirements.
  • If you can't provide a proper Statement of Use or specimen before the deadline, we'll file the extension at no additional attorney fee to keep your application alive.
  • Flat fee — SOU from $295, Extension from $320, plus the USPTO government fee. No hourly billing.
  • Call us anytime with questions — no appointment needed.

Ready to file? Check your deadline

Enter your USPTO serial number and we'll pull your status and the right filing.

Enter your USPTO serial number and we'll check your Statement of Use status and deadline:

Statement of Use FAQ

What is a Statement of Use?
A sworn filing, with a specimen, proving you're using your trademark in commerce. It's required for intent-to-use applications after a Notice of Allowance, before the mark can register.
When is my Statement of Use due?
Within 6 months of the Notice of Allowance. If you're not using the mark yet, you can file a Request for Extension of Time for another 6 months.
What if I'm not using my trademark yet?
File a Request for Extension of Time. Up to five 6-month extensions are available — as long as three years total from the Notice of Allowance.
What happens if I miss the deadline?
The application is abandoned and you'd have to start over. If you've already missed it, a revival may be possible — call us and we'll advise.
What is a specimen of use?
Real-world proof of the mark in commerce — for goods, a photo of the product, label, or packaging; for services, advertising or a website showing the mark with the services.
How much does it cost?
Statement of Use from $295 + USPTO government fee; Extension of Time from $320 + USPTO government fee. Flat fee, no hourly billing.

Don't let your application lapse

Not sure whether to file a Statement of Use or an extension — or when it's due? We'll check your dates and handle it.

Get a Free Estimate   Call (973) 317-2846

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