SOU · 1(b)
Statement of Use
The filing that converts an intent-to-use application into a registration once your brand is actually in commerce.
If you filed under intent-to-use, the USPTO issues a Notice of Allowance once your mark clears examination and publication. That notice is not a registration. You have six months to file a Statement of Use proving the mark is in commerce, with extensions available up to a hard limit of thirty-six months.
This is where a lot of intent-to-use applications quietly die — not because the brand failed, but because the notice was missed or the specimen submitted was not the kind the USPTO accepts.
What is included
Specimen assessment
We check what you have against current practice: product packaging and point-of-sale material for goods, advertising showing the service for services. Mock-ups and digitally-added logos are refused.
Use dates
Establishing your date of first use anywhere and first use in commerce, and making sure the two are stated correctly.
Class-by-class filing
If you are only in commerce on some classes, we advise on filing for those and requesting extensions or deleting the rest.
Extension requests
Where you are not yet selling, we prepare the six-month extension request and track the next one.
Notice of Allowance tracking
The clock starts the day the notice issues. We docket it so it does not sit unread.
Filing and confirmation
Submission, confirmation, and tracking through to the registration certificate.
How it works
- 01
Send the Notice of Allowance
Or just your serial number — we can pull the case and the deadline.
- 02
We review your specimen
Before anything is filed, so a weak specimen becomes a fixable problem instead of a refusal.
- 03
We prepare the statement
Use dates, specimen and declaration, sent to you for approval.
- 04
We file and track
Filed within the window, then tracked through to registration.
Frequently asked
Related
Often needed alongside this
Federal Trademark Filing
Your application prepared, classified and filed with the USPTO, with the goods and services drafted to survive examination.
From $149 + USPTO feeSEC 8 · 15 · 9Trademark Renewal & Maintenance
Section 8, 15 and 9 filings tracked and prepared on schedule, because a missed maintenance deadline cancels the registration outright.
From $249 + USPTO feeEXT · 6 MOExtension Request
More time on an intent-to-use application or an office action deadline, filed before the window closes.
From $149 + USPTO feeNext step
Find out whether your name can be registered
Send us the mark and what you sell. Defend Your Trademark runs the preliminary search and comes back with a straight answer — including when the answer is that you should pick a different name.