In short
A Statement of Use is the filing that proves you are now using your mark in commerce after filing on an intent-to-use basis. The USPTO says it is due within six months of the Notice of Allowance, or within an extension period, and the mark cannot register until an acceptable one is filed.
The short answer
If you filed your application because you plan to use the mark but are not using it yet, the USPTO calls that an intent-to-use filing under Section 1(b). The USPTO says that before it will register a mark filed this way, you must use the mark in commerce and file an allegation of use. (USPTO: Intent to use forms)
That allegation of use is the Statement of Use, often shortened to SOU. It is the step between "approved" and "registered" for intent-to-use filers, and it is easy to miss because nothing about being approved feels unfinished.
Statement of Use or Amendment to Allege Use?
It is the same form, and the name depends on timing. The USPTO says an allegation of use filed before the examining attorney approves the mark for publication is an Amendment to Allege Use. One filed on or after the mailing date of the Notice of Allowance is a Statement of Use.
The Notice of Allowance is the written notice sent after the mark is published and the 30-day opposition period ends. It signals that the mark can register once you submit an acceptable allegation of use with evidence that the mark is properly in use. You can check where you are in the status code for your application.
There is also a gap. The USPTO says that if your status already reads Approved for Publication, you must wait until it changes to Notice of Allowance issued. During that blackout period, submissions cannot be processed.
The six-month clock
The USPTO says the Statement of Use must be filed within six months after the mailing date of the Notice of Allowance, or within a previously granted extension period.
If you are not using the mark yet, you can ask for more time. The USPTO describes an extension request as a sworn statement that you still have a bona fide intention to use the mark in commerce but need additional time to actually use it. The USPTO fee is $125 per class, paid to the USPTO with the request.
You may keep filing extension requests every six months, up to five in total. The USPTO also says you must use the mark in commerce and file the Statement of Use within three years of the date the Notice of Allowance issued. Those six-month periods run from the Notice of Allowance date, not from the date you file an extension.
What "use in commerce" means for your filing
Use in commerce is the part that needs a real-world check, because the filing is made on a sworn basis. The USPTO describes the Section 1(b) route as claiming in good faith that you plan to use the mark, and the Statement of Use is where you confirm that use has actually started.
Expect to show how the mark appears with your goods or services. That evidence is called a specimen, and a specimen that does not show the mark working as a brand is a common reason filings get an office action. If you sell online, take screenshots of the live product page or packaging as it actually looks, rather than a mockup.
This is general information, not legal advice. Whether your use qualifies depends on your goods or services and the facts, so check the USPTO's own guidance for your case.
A warning about filing too early or too incomplete
The USPTO flags something many filers do not expect: unlike an Amendment to Allege Use filed before approval, you may not withdraw a Statement of Use filed after a Notice of Allowance if it fails to meet the statutory requirements.
The USPTO does describe one limited safety valve. You may file one "insurance" extension request with the Statement of Use, or afterward, if time remains in the six-month period in which the Statement of Use was filed. That gives additional time to fix problems. It is worth knowing about before you file, not after.
If an ITU unit action does arrive after publication, the USPTO says to respond by the date and in the way the letter sets out, because an application that is not answered can be abandoned. If that has already happened, read about reviving an abandoned application.
Expect some waiting after you file
On the USPTO's Intent to use forms page at the time of writing, the agency noted that a surge in Statement of Use filings had created a processing delay, and said filers did not need to take any action on a pending SOU. Check the USPTO's trademark processing wait times for current information rather than relying on a figure quoted in a blog post. (USPTO: Intent to use forms)
A simple checklist
Look up your application in the USPTO's TSDR system and confirm the status is Notice of Allowance issued before you try to file.
Write the Notice of Allowance date on a calendar and count six months from it. Do the same for each extension period.
Decide honestly whether the mark is in use in commerce for every item you listed. If not, an extension or removing items is a decision to make on purpose.
Gather your specimen before you start the form. Then, if you want a second pair of eyes on where your brand stands overall, a free brand audit is a no-pressure place to begin. It is not part of the USPTO process, and My Trademark Vault is not affiliated with the USPTO.
Frequently asked questions
It is the allegation of use filed after a Notice of Allowance on an intent-to-use application. The USPTO says that before it registers a mark filed on an intent-to-use basis, you must use the mark in commerce and file an allegation of use.
The USPTO says it must be filed within six months after the mailing date of the Notice of Allowance, or within a previously granted extension period.
The USPTO says you can file extension requests every six months, up to a total of five. You must use the mark and file the Statement of Use within three years of the Notice of Allowance issue date.
The USPTO fee is $125 per class of goods or services, paid to the USPTO with the extension request. Fees can change, so confirm on the USPTO's website before you file.
Timing. The USPTO calls it an Amendment to Allege Use if it is filed before the mark is approved for publication, and a Statement of Use if it is filed on or after the Notice of Allowance mailing date.
The USPTO says you may not withdraw a Statement of Use filed after a Notice of Allowance if it fails to meet the statutory requirements. It describes one limited "insurance" extension that may give time to fix it. Read the USPTO's page for the conditions.
No. My Trademark Vault is an independent service and is not affiliated with the USPTO. Any government fee is paid to the USPTO.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Trademark outcomes depend on the specific facts of each application.