Statement of Use

Statement of Use for US Intent-to-Use Trademark Applications

A 1(b) application does not register until acceptable use in commerce is shown. The Statement of Use must match the goods or services, dates of use, and specimen requirements.

For applicants with a notice of allowance or upcoming Statement of Use deadline.

Specimen Requirements

Goods specimens often include labels, packaging, tags, or point-of-sale webpages. Service specimens usually show the mark used in advertising or rendering the services. The specimen must show source-indicating use.

Deadline and Extensions

After a notice of allowance, applicants must file a Statement of Use or request extensions within the applicable windows. Missing deadlines can abandon the application.

Common Questions

Can a mockup be used as a specimen?

Generally no. The specimen should show real use in commerce, not a digitally created mockup made only for filing.

Can goods be deleted from the Statement of Use?

Yes, goods or services not in use should generally be deleted or handled through appropriate extension strategy.