USPTO Statement of Use Filing Fee: What It Costs in 2026

What is a Statement of Use?

When you file a trademark application before you're actually using the mark in commerce, you file on an intent-to-use (ITU) basis. This lets you lock in a priority date — the date that determines who gets rights if another applicant shows up later — without needing to have started selling anything yet.

But the USPTO won't grant you a registration until you prove you're actually using the mark. That proof comes in the form of a Statement of Use (SOU) — also called an Allegation of Use when filed before the Notice of Allowance is issued.

The SOU must include a specimen showing the mark being used in commerce (such as a website screenshot, product photo, or marketing material) along with the date of first use in commerce and the date of first use anywhere. Once accepted, your trademark moves to registration.

When do you file a Statement of Use?

After your ITU application clears examination and is approved, the USPTO issues a Notice of Allowance (NOA). From the date of the NOA, you have six months to either:

The clock starts ticking from the NOA date — not the date you filed your application. Most ITU applications take 8–12 months to receive a NOA after filing, so your total runway from application to SOU deadline can be 2–4 years if you use all available extensions.

Statement of Use fees (2026)

All fees are charged per international class of goods or services. If your application covers two classes, you pay double.

If you use all five extensions before filing your SOU, you could pay up to $625/class in extension fees alone ($125 × 5), on top of the $150–$200 SOU fee itself.

What happens if you miss the SOU deadline?

Missing the SOU deadline — or failing to file an extension in time — results in the abandonment of your application. The USPTO issues a Notice of Abandonment, and your filing date and priority date are lost.

You can file a Petition to Revive an abandoned application within two months of the abandonment notice, but this requires demonstrating the abandonment was unintentional and paying a $250 petition fee per class. It's a costly and uncertain process.

Tips for a successful Statement of Use filing

Total cost example: ITU application through registration

Here's what a typical single-class TEAS Plus ITU application costs from filing through registration, assuming you need two extensions before you're ready to file your SOU:

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