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Statement of Use / Amendment to Allege Use Intake
Captures your dates of use, specimen, and covered goods so an attorney can file the Statement of Use (or Amendment to Allege Use) that turns your allowed intent-to-use application into a registration.
What is a Statement of Use / Amendment to Allege Use Intake?
A Statement of Use / Amendment to Allege Use Intake is the intake form that captures your dates of use, specimen, and covered goods so an attorney can file the Statement of Use (or Amendment to Allege Use) that turns your allowed intent-to-use application into a registration.
Any owner whose Section 1(b) intent-to-use application received a Notice of Allowance and who has now started using the mark, or who wants to file an extension.
Statement of Use / Amendment to Allege Use Intake template, current for 2026
The intake handles the post-Notice-of-Allowance 6-month clock and extension stacking (up to five extensions / 36 months), the current specimen rules that reject mockups and require the mark to function as a source identifier, per-class deletion when you're not using the mark on everything, and the divide-the-application option so registrable goods aren't held hostage by not-yet-used ones.
How HDAi does this differently
Unlike a static form, HDAi runs a guided interview and assembles your Statement of Use / Amendment to Allege Use Intake as you answer. When you want it finished, a licensed Hart David Carson attorney reviews it and tailors it to your facts before you sign. The interview and the first draft are automated. The judgment belongs to an attorney.
What you’ll be asked
A short interview in plain language that asks only what this document needs.
- Which filing does this intake support? You file an Amendment to Allege Use (AAU) before the USPTO approves your mark for publication; you file a Statement of Use (SOU) after the Notice of Allowance issues. Both prove the mark is in real use in commerce.
- Who is the applicant/owner of the trademark application? This must exactly match the owner named on the intent-to-use application; a mismatch can invalidate the filing or create ownership defects at registration.
- Applicant's email address (for USPTO correspondence) The USPTO requires an email address for the applicant, separate from the attorney's email. It is used for official correspondence and to verify the record.
- What type of entity is the applicant? The USPTO requires the applicant's legal entity type and its state or country of organization; it drives how the declaration is signed.
- State or country where the applicant is organized (or, for an individual, country of citizenship) The USPTO record must state the applicant's jurisdiction of formation or, for individuals, citizenship.
- Applicant's domicile street address The USPTO requires the applicant's domicile: for an individual, the permanent legal residence; for an entity, the principal place of business. It may not be a mail-forwarding service, mailbox rental, or post office box.
- Is the applicant's domicile outside the United States and its territories? Under 37 C.F.R. § 2.11, an applicant domiciled outside the U.S. must be represented before the USPTO by a U.S.-licensed attorney. This flag triggers that mandatory-counsel rule.
- What is the mark exactly as filed? Enter the mark as it appears on the application (standard-character wording, or the literal element of a design mark). Accuracy matters because use must match the mark as filed.
- Is the mark a standard-character mark or a design/stylized mark? Design marks require the specimen to show the mark in substantially the form shown in the drawing; this affects specimen review.
- USPTO application serial number The serial number ties this filing to the correct pending application in the USPTO's TEAS/TSDR system.
- Filing date of the underlying application Confirms we are amending the correct application and helps track statutory deadlines.
- Date of the Notice of Allowance (Statement of Use only) The SOU, or a request for extension, is due within 6 months of the Notice of Allowance, with extensions available; this date sets the clock.
- How many international classes does this filing cover? The USPTO charges a separate government fee per class for the Statement of Use (and per class for any extension request). Confirming the class count lets counsel compute the correct per-class fees.
- Is the mark now in use for ALL goods/services listed in the application? You can only register classes/items you are actually using. Items not yet in use must be deleted or divided out into a separate child application.
- List the goods/services the mark IS in use with (by class) These are the items covered by this filing. Group them by international class number. Only listed items proceed toward registration under this filing.
- Does the goods/services identification need to be narrowed or conformed to the specimen? If your actual use (and the specimen) covers less than the full wording on file, the identification should be narrowed to match. An identification broader than the proven use invites a refusal or later vulnerability. Identifications can be narrowed but never broadened.
- List any goods/services NOT yet in use (to be deleted or divided out) Items you aren't using yet cannot stay in this filing. We will either delete them or move them to a divisional application so your live items can register now.
- For items not in use, what should we do? Deleting is simplest; dividing keeps the ITU rights alive in a separate application so you can register those items later when use begins.
- Date of first use of the mark ANYWHERE The first date you used the mark on/for these goods or services at all (even intrastate or test use). Must be on or before the first-use-in-commerce date.
- Date of first use of the mark IN COMMERCE The first date you used the mark in commerce the USPTO can regulate (interstate, territorial, or foreign commerce with the U.S.). This is the legally operative use date.
- Are the first-use dates the same for every class? Different classes can have different first-use dates. If they differ, we must state each class's dates separately.
- State first-use and first-use-in-commerce dates for each class List each class with its own two dates so the USPTO record is accurate per class.
- Is the mark used on goods, or in connection with services? Specimen rules differ by type. Goods require the mark on the product, packaging, or point-of-sale display; services require the mark used in advertising or in rendering the service.
- Is any use of the mark made by a related company or licensee (rather than the applicant directly)? Under 15 U.S.C. § 1055, use by a related company or licensee inures to the applicant's benefit only if the applicant controls the nature and quality of the goods/services. The specimen also should not show a different party as the source.
- Describe the related-company or licensee arrangement and quality control Explain who uses the mark, their relationship to the applicant, and how the applicant controls the nature and quality of the goods/services offered under the mark.
- What is the primary specimen type? Webpage specimens require the exact URL and the access/print date. Other specimen types (packaging, labels, advertising, point-of-sale displays) do not.
- Describe the specimen(s) showing the mark in use A specimen is real-world proof of use, e.g., product packaging, a tag/label, a screenshot of a webpage where the service is offered/purchased, or an advertisement for services. Describe what each specimen is and how it shows the mark with the goods/services.
- Full URL of the webpage specimen The USPTO requires the complete URL for any webpage specimen so the examining attorney can verify the source of the specimen.
- Date the webpage specimen was accessed or printed The USPTO requires the access or print date for any webpage specimen, in addition to the URL.
- Do you confirm the specimen is authentic (not a mockup, shows actual use, and the mark functions as a source identifier)? The USPTO rejects digitally created or altered mockups. The specimen must show real use in commerce, and the mark must act as a brand/source identifier rather than mere ornamentation, a trade name, or informational matter.
- Date the specimen was created, used, or captured The specimen must show use as of a date on or after the application's relevant use requirement; capture/use date helps establish that.
- Do you have at least one qualifying specimen for each class in use? The USPTO requires one specimen per class. Missing a class's specimen will draw a refusal.
- Which classes still need a specimen? We will flag these so use/specimens can be gathered before filing.
- Is the mark still in current, ongoing use in commerce as of today? The declaration is signed under penalty of perjury that the mark is in use. If use has stopped, that changes what we can file.
- Explain the pause/stoppage in use Excusable nonuse and continued-use questions turn on the facts; describe what happened and any plans to resume.
- Does the application claim a foreign priority or foreign-registration basis (44(d)/44(e)/66(a))? Multi-basis applications and Madrid (66(a)) filings have special rules; an AAU/SOU may be handled differently or unavailable.
- Full name of the person who will sign the declaration The declaration must be signed by someone with legal authority to bind the applicant and personal knowledge of the facts (an officer, general partner, or authorized person).
- Signatory's title/position Establishes the signer's authority to verify the facts on the applicant's behalf.
- Attorney of record who will file (if any) For matters we file on your behalf, we confirm the attorney of record and correspondence address with the USPTO.
- Attorney of record's email address (if any) The USPTO requires a separate email address for the attorney of record, distinct from the applicant's email.
- Do you also need to request an extension of time to file the SOU? If you have a Notice of Allowance but aren't in use yet, a 6-month extension request (up to five, 36 months total) preserves the application. This intake instead captures your existing use.
- Which extension request is this? The first extension needs only a verified statement of continued bona fide intent to use the mark. Second and later extensions also require a showing of good cause for the additional time.
- State the good-cause facts for a second or later extension For a second or later extension, the USPTO requires a showing of good cause, such as ongoing product development, manufacturing or licensing steps, market research, or steps to obtain governmental approval. Describe the concrete efforts and expected timeline to begin use.
- Anything else the attorney should know? Prior refusals, co-existence issues, related applications, licensing/related-company use, or questions about your specimens.
Frequently asked
About the Statement of Use / Amendment to Allege Use Intake and how HDAi works.
What is a Statement of Use / Amendment to Allege Use Intake? +
A Statement of Use / Amendment to Allege Use Intake is the intake form that captures your dates of use, specimen, and covered goods so an attorney can file the Statement of Use (or Amendment to Allege Use) that turns your allowed intent-to-use application into a registration. It is for any owner whose Section 1(b) intent-to-use application received a Notice of Allowance and who has now started using the mark, or who wants to file an extension.
Is HDAi's Statement of Use / Amendment to Allege Use Intake legally binding? +
The Statement of Use / Amendment to Allege Use Intake is a working document, not a contract: it organizes the facts and decisions the next step needs (an attorney's work, a filing or a board decision) and does not become binding by signature. Treat the output as preparation, and have a licensed Hart David Carson attorney finish whatever follows from it.
Do I need a lawyer to use this Statement of Use / Amendment to Allege Use Intake? +
You can generate and download the Statement of Use / Amendment to Allege Use Intake in minutes, free of charge. A licensed Hart David Carson attorney can then review it and tailor it to your facts before you sign, which is the part no template can do.
What makes this Statement of Use / Amendment to Allege Use Intake current for 2026? +
The intake handles the post-Notice-of-Allowance 6-month clock and extension stacking (up to five extensions / 36 months), the current specimen rules that reject mockups and require the mark to function as a source identifier, per-class deletion when you're not using the mark on everything, and the divide-the-application option so registrable goods aren't held hostage by not-yet-used ones.
How long does the Statement of Use / Amendment to Allege Use Intake take? +
Estimated time about 22 min (44 questions), depending on how much you already know. The document assembles as you answer. Export it as PDF or Word, or send it to a Hart David Carson attorney for review.
Does this Statement of Use / Amendment to Allege Use Intake work in my state? +
HDAi's interview is state-aware. If you ask an attorney to finish the draft, a licensed Hart David Carson attorney confirms it against your state's requirements before you rely on it. Validity and required formalities vary by state.
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