How to Prove Use in Commerce for Your Statement of Use Filing

Those planning to turn a trademark idea into a real business asset must prove actual use in commerce. Nearly 30% of Intent-to-Use applications get abandoned because owners can’t meet the USPTO’s strict proof requirements during the statement of use trademark phase. You might have a live website, a logo, or even sales, but if they don’t match federal standards, your application won’t move forward. With the latest trends such as domain-first naming and rising state-level conflicts, proving genuine commercial use is harder than ever. Below are some clear steps to avoid common pitfalls and successfully file a statement of use that meets USPTO standards.

Table of Contents

Confirm Your Notice of Allowance Deadline

The USPTO gives six months from the Notice of Allowance date to file a statement of use trademark. Missing this deadline ends the application. Extensions are possible but cost extra and delay registration.

Mark the exact due date on your calendar
Set a reminder 30 days before the deadline
Check your USPTO email and Trademark Status portal weekly
Choose either filing or requesting an extension

Knowing More About the Rules of “Use in Commerce”

When it comes to goods, the trademark must appear on the product, packaging, or displays. Also, the sales must cross state lines. For services, the mark must be visible where services are advertised or delivered.

Avoid using only social media posts as proof
Ensure actual sales have occurred
Confirm interstate activity
Keep dated records of first use and ongoing transactions

Prepare Acceptable Specimens

The USPTO rejects nearly half of initial specimens for being promotional rather than transactional. A valid specimen shows real customer interaction. It also shows logos on websites or mockups.

For products, use of photos of labels, tags, or product packaging
For service, submit screenshots of booking pages or service invoices
Include URLs and dates for digital specimens
Never submit press releases, business cards, or ads alone

Align Goods or Services with Original Application

You cannot add new items when filing your statement of use. Only include goods or services listed in the original application. Anything omitted will be permanently deleted.

Cross-check your current offerings against the USPTO filing
Remove unused items before submitting
If some items aren’t ready, it is better to consider dividing the application
Never claim use for products not yet sold or shipped

Avoid Domain-Only Naming Traps

Many startups register domains before launching products. But a domain name alone, even with a “coming soon” page, does not count as use in commerce. The trademark must be tied to actual sales.

Launch at least one real product or service before filing
Make sure to use the trademark in checkout flows, and avoid just homepage headers
Also, ensure the domain matches the registered trademark exactly

File Statement of Use Trademark Correctly

Filing requires precise forms, correct fees, and accurate declarations. One error can become one of the major reasons behind office actions. It can also result in abandonment. The USPTO charges $100 per class, and false claims risk perjury penalties.

Double-check all goods/services listed
Upload high-quality, dated specimens
Pay the correct USPTO fee per class

What It All Means

When you file a strong statement of use, a trademark locks in your rights and keeps copycats away. It makes it easy for you to turn your brand from an idea into a protected business asset. Just make sure not to take the risk of delays or rejection. Always double-check your proof, stick to your original list, and file on time. Before you submit, run a free trademark availability checker to make sure nothing’s changed since your application. Getting it right now saves headaches later.