Received a Notice of Allowance? We file your Statement of Use as soon as we have your specimens, or extend your deadline if you need more time.
Fill in the form with your email and trademark serial number.
Proof of use. A statement that your mark is used in US commerce. An intent-to-use application cannot register without it.
6 months
From the Notice of Allowance. Up to five 6-month extensions, 36 months in total.
Specimen per class
A photo or screenshot of the mark in use and the date of first use.
Trademark lost
The application is abandoned, unless a petition to revive is filed within 2 months.
We handle every route, launched or not.
Your mark is in use for all the listed goods and services. We check your specimens against USPTO requirements and file.
You are not using the mark yet. We file a 6-month extension, and further ones as you need them, up to 36 months from the Notice of Allowance.
The mark is in use for only part of the list. We file for those goods and services and delete the rest, or divide them out so they can stay pending.
You missed the deadline. Within 2 months of the notice of abandonment, we file a petition to revive together with the Statement of Use or an extension request.
Every filing is prepared and reviewed by our US trademark attorneys.
We check every specimen against USPTO requirements before filing, to reduce the risk of a refusal.
We track your deadlines, extensions included, and remind you well before each one.
You see the full price, USPTO fees included, before you pay.
Filed before the mark is used in US commerce.
Issued once the application passes examination and the opposition period.
Due within 6 months, or up to 36 months with extensions.
Follows once the USPTO accepts the Statement of Use.
Due between the 5th and 6th year after registration.
A Notice of Allowance (referred to as NOA) is the official USPTO notification that intent-to-use applicants receive when their mark passes examination and the 30-day opposition period. Receiving a Notice of Allowance means the application is approved and is ready to proceed to registration, but for full registration, you still have to provide proof of commercial use in the US.
Upon receiving the Notice of Allowance, the applicant has six months to file a Statement of Use demonstrating that the mark has entered active commercial use in the US market. Extensions of time are available in six-month increments, up to a maximum of 36 months from the NOA date.
When you receive the Notice of Allowance, you have six months from the issue date to submit the Statement of Use proving you are using your trademark in US commerce. You can ask for a six-month extension if you know you won't meet this deadline.
You can ask for an extension five times, giving you a total of 36 months to prove your trademark use in the US market.
If you can only prove the use in commerce for some of your classes, you can delete the rest from your application and keep your trademark rights for the ones you activelly use.
For the USPTO to accept a trademark specimen, it must meet the following requirements:
The mark shown in the specimen must match the mark as originally filed. The specimen is submitted to demonstrate use of the specific mark that was examined and published ; a different version of the mark cannot satisfy that requirement.
Minor variations that do not alter the overall commercial impression of the mark may occasionally be accepted, but any change that affects the mark's distinctive elements will be refused. The USPTO calls changes to the elements of the mark "material amendments," which are not permitted after filing.
The practical implication is to file the trademark application using the version of the mark you actually use in commerce. If the mark used commercially evolves significantly from the registered version, a new application for the updated mark is advisable.
Yes. For your clothing brand, a clear, unedited photo of a garment displaying the trademark is a valid specimen for a Statement of Use. Just keep in mind that the photo must show the mark as it actually appears on the product in commerce; it cannot be a mockup, a digitally added logo, or a rendering.
One real photograph per class is generally sufficient. If the brand is also sold through a website, a screenshot of the product listing showing the mark, the price, and the URL is an additional valid specimen and can be included alongside the product photo.
Both are USPTO filings involving evidence of trademark use in US commerce, but they apply at different stages and serve different purposes.
A Statement of Use is filed during the application process, and only for trademarks originally filed on an intent-to-use basis. It is submitted after the USPTO issues a Notice of Allowance and demonstrates that the mark has entered actual US commercial use. Without it, the trademark cannot be registered.
A Declaration of Use is a post-registration maintenance filing required for all registered US trademarks, regardless of the original filing basis. It is filed between the 5th and 6th year after registration and at each 10-year renewal thereafter, confirming the trademark is still in active US commercial use.
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
