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Statement of Use filing • USPTO Allegation of Use • Notice of Allowance deadlines

Statement of Use (SOU)
Filings

If you filed an intent-to-use trademark application (Section 1(b)) and received a Notice of Allowance, the next big step is proving use in commerce. A clean Statement of Use (SOU) filing helps move your application to registration—without avoidable refusals.

Deadline-safe Notice of Allowance timeline

Specimen-ready Real proof of use in commerce

Class-by-class Accuracy for goods/services

See specimen examples ↓

Disclaimer: This page is for informational purposes only and is not legal advice.

SOU is not “just paperwork”

The SOU includes verified statements about trademark use in commerce and requires proper specimens. Filing too early, using the wrong specimen, or misaligning goods/services can trigger a refusal—or worse.

Get help with SOU

What’s included

The goal is simple: submit a clean, accurate SOU that matches your real-world use and the USPTO’s expectations. We focus on the details that typically cause refusals: specimens, dates, class-by-class coverage, and goods/services alignment.

Use review (1(b) → 1(a) proof)

We confirm what “use in commerce” means for your situation and whether you’re ready to file an SOU or need an extension.

Specimen guidance

We help you pick specimens that fit the rules (goods vs services) and clearly show trademark use the USPTO accepts.

Class-by-class accuracy

We align the SOU with the goods/services you’re actually using the mark on—so you don’t accidentally over-claim.

Typical pitfalls we help you avoid

Submitting a specimen that doesn’t show real “use in commerce”
Using mockups, prototypes, or “coming soon” pages as evidence
Claiming goods/services you’re not actually selling yet
Incorrect dates of first use (anywhere / in commerce)
Missing Notice of Allowance deadlines or filing the wrong form

Related filings (when SOU isn’t ready)

If you’re not using the mark yet, you may need an Extension Request instead of an SOU. We can help you choose the right action so you don’t create avoidable risk.

Ask what I should file

USPTO forms, rules, and deadlines can be unforgiving—get it right the first time.

How SOU filing works

A simple workflow that keeps you compliant and on schedule (SOU / Allegation of Use / TEAS filing).

Confirm readiness

We check your Notice of Allowance timeline and confirm whether you’re truly using the mark in commerce for each class of goods/services.

Prepare specimens + details

We help you select acceptable specimens, verify dates of first use, and ensure your SOU claims match reality.

File and track updates

We file the SOU and keep you informed on the next steps toward registration, including any follow-up requirements.

Why us

Why choose us?

Unmatched transparency

Guaranteed Value at a Flat Fee

Our all-inclusive service and flat fee are designed to deliver exceptional value, making trademark protection accessible and affordable without compromising on quality.

Risk-free

Proven Success Rate

When you choose us, you’re not just getting a service—you’re investing in a proven partner dedicated to achieving successful trademark registrations.

Personalized support

Dedicated Client Liaison

From the moment you start working with us, we provide clear, step-by-step guidance and ensure you understand every detail of your application. We pride ourselves on honest communication, so you’ll always know what stage your trademark is at, any potential challenges, and what we’re doing to overcome them.

Trademark specimens: what usually works

A specimen must show your mark used in the real world. The “right” specimen depends on whether you’re claiming goods or services and how customers encounter your brand.

For goods (products)

Product packaging with the mark
Labels or tags attached to goods
Product photos showing the mark on the goods
Screenshots of an online store page with the mark + “buy” functionality (when appropriate)

Avoid: mockups, renderings, “pre-order coming soon” pages without real sales.

For services

Website page showing the mark + the services offered
Marketing materials clearly tied to the services
Invoices / proposals can help in some contexts, but must show service use properly
Screenshots with clear service descriptions and the mark

Your specimen should connect the mark to the services—not just display the logo.

Get started

Need help filing your Statement of Use?

Share your trademark application number and what you’re selling. We’ll tell you whether you should file an SOU or an extension, and what specimens are most likely to be accepted.

First name *

Last name *

Email *

Phone (optional)

YES, I agree to this statement about my privacy. (TLDR: what you share is strictly confidential and secure with us.)

USPTO application (serial) number *

Are you using the mark in commerce? *

What goods/services are you using the mark on? *

Specimen links (optional)

No spam. Clear next steps. If you’re not ready for SOU, we’ll tell you the right alternative.

FAQ

FAQ: Statement of Use (SOU) filings

What is a Statement of Use (SOU) for a trademark?

A Statement of Use (SOU) is a USPTO filing that proves you are using your trademark in commerce for the goods/services listed in your application. It typically requires a verified statement, dates of first use, and a specimen for each class.

When do I need to file a Statement of Use?

You usually file an SOU after receiving a Notice of Allowance for an intent-to-use (1(b)) application. Deadlines are strict, and you may need extensions if you are not yet using the mark in commerce.

What is a trademark specimen for SOU?

A specimen is evidence showing real-world trademark use. For goods, it can be labels, packaging, or product photos showing the mark as sold. For services, it can be website pages or advertising that clearly shows the mark and the services being offered.

Can I file an SOU if I'm not selling yet?

No. If you are not yet using the mark in commerce, you typically file an Extension Request instead. Filing an SOU without proper use and specimens can create serious legal risk and jeopardize registration.

Do I need a separate specimen for each class?

Often yes. The USPTO expects proof of use for the goods/services in each class you are claiming. The right approach depends on what you are selling and how the mark is actually used.

Statement of Use (SOU)Filings