After an intent-to-use (1(b)) application passes examination and publication and the Notice of Allowance (NOA) is received, a Statement of Use (SOU) with genuine specimens of use must be filed before registration will be granted. The deadline is six months, extendable up to five times; missing the deadline abandons the application.
Materials to Supplement
- Statement of Use (SOU): declares that the mark is in use in US commerce and states the date of first use;
- Specimens of use: at least one per class, such as photos of the physical product bearing the mark, packaging, labels, or screenshots of a sales page with a purchase button;
- Official fees: the SOU fee is charged per class.
Timeline
- The SOU must be filed within six months of the NOA date;
- If use is not yet possible, file a Request for Extension of Time to File a Statement of Use — six months per extension, up to five extensions, meaning the SOU must be filed within about 36 months of the NOA at the latest;
- Extension requests must also be filed and paid before the current period expires.
Common Grounds for Specimen Refusal
- The specimen is a photoshopped rendering or mock-up, not actual commercial use;
- A webpage screenshot lacking real sales elements such as a purchase entry or price;
- The mark as shown on the specimen is inconsistent with the applied representation;
- The stated first-use date contradicts the evidence.
The USPTO has been cracking down hard on fake use evidence in recent years; falsified evidence can bring down the entire application or even get the registration cancelled.
Practical Advice
- When filing 1(b), plan the product launch schedule and aim to complete genuine sales before the NOA;
- Keep dated order records, shipping documents and ad campaign records to corroborate genuine use;
- If use truly cannot happen in time, request an extension rather than fabricating evidence;
- For classes with goods you no longer intend to use, proactively delete them when filing the SOU to save fees.
If you are facing the issues above, you can start with a US trademark registration through MyTMBee, confirm feasibility, and then decide whether to file — avoiding wasted official fees on blind applications.