Trademark Statement of Use: Deadlines, Fees and Extensions

Published by the Registry Consulting team · How we researchSources linked in this guideNot a law firm · no legal adviceTalk to a trademark attorney

Updated November 2, 2026

Registry Consulting is an independent information site, not a law firm, and does not give legal advice. Guides are general information about U.S. trademark law.

Quick answer: After an intent-to-use application gets a Notice of Allowance, you have six months to file a Statement of Use ($150 per class) or ask for a six-month extension ($125 per class). You can get up to five extensions, but you must file the Statement of Use within three years of the Notice of Allowance.

This step only applies if you filed on an intent-to-use (Section 1(b)) basis. It's where you prove you're actually using the mark.

Key deadlines and fees

Filing	When	USPTO fee (electronic)
Statement of Use	Within 6 months of the Notice of Allowance, or within an extension	$150 per class
First extension request	Within 6 months of the Notice of Allowance	$125 per class
Later extensions (up to 4 more)	Before the current extension runs out; needs a showing of good cause	$125 per class each
Amendment to Allege Use	Before the mark is approved for publication	$150 per class

The six-month periods run from the Notice of Allowance date, not from when you file an extension.

What you need to file

The date you first used the mark anywhere and in U.S. commerce.
A specimen showing the mark as customers see it, such as a product label, packaging or a web page where buyers can order.
A sworn statement that the mark is in use for the listed goods or services.

Remove any goods or services you're not using yet, or the filing may be refused. See how trademark registration works.

Common mistakes

A specimen that is a mockup or doesn't show the mark with the goods.
Use dates that are inconsistent.
Missing the six-month window. If that happens, the application is abandoned.

The USPTO warns that a Statement of Use filed after the Notice of Allowance can't be withdrawn if it fails, so check it before you submit. Problems often lead to an office action.

Need help with a Statement of Use?
Request a free call with a trademark attorney or legal-service partner. Registry Consulting is not a law firm and may be paid by firms that receive inquiries. Talk to an attorney

This guide is general information, not legal advice. Fees and rules change; confirm current details on the USPTO website or with a licensed attorney.

Frequently asked questions

How long do I have to file a Statement of Use?

Six months from the Notice of Allowance, extendable in six-month steps up to five times, for a total of three years from the Notice of Allowance.

How much does a Statement of Use cost?

$150 per class when filed electronically, according to the USPTO fee schedule. Each six-month extension request is $125 per class.

What happens if I miss the Statement of Use deadline?

The application is abandoned. You may be able to petition to revive it if the delay was unintentional.