--- title: "USPTO statement of use" url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-statement-of-use" type: "precedent" site: "AI Law Framework" id: "a23-us-statement-of-use" area_id: "A23" kind: "form" ai_level: "red" version: 1 law_stated_as_at: "2026-10-22" --- # USPTO statement of use > Link to the USPTO statement of use for a section 1(b) application. A timely filing needs the fee, one specimen, and a 37 CFR 2.20 verification that the mark is in use in commerce. That declaration warns of 18 U.S.C.… Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-statement-of-use Law stated as at: 2026-10-22 Site index for agents: https://ailawframework.com/llms.txt Link to the USPTO statement of use for a section 1(b) application. A timely filing needs the fee, one specimen, and a 37 CFR 2.20 verification that the mark is in use in commerce. That declaration warns of 18 U.S.C. 1001. ## Key facts - Kind: Form. A form to complete, or a guide to completing an official one. - Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md) - Jurisdictions: United States - AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified. - Law stated as at: 2026-10-22 - Status: Maintained. Checked on 2026-10-22 against the official form at uspto.gov and the 3 authorities it cites, for United States. ## When to use it Use when a US trademark application was filed under section 1(b), intent to use, and an allegation of use must be filed before registration. A statement of use is filed within six months of the notice of allowance, or within a granted extension. Do not use it to remove a registration for non-use. ## How AI may be used The tool may list whether the fee, the specimen and a properly signed 2.20 verification are still missing, and it must not draft the verification or describe the specimen. **AI may:** - List the three minimum requirements against the lawyer's checklist: the single-class fee, one specimen, and a 2.20 verification signed by a person the page allows - Remind the lawyer that the allegation-of-use page still sends the filing to teas.uspto.gov/aou/, and that a processing delay is noted on the minimum-requirements page **AI must not:** - Must not draft the verification or declaration, or state that the mark is in use in commerce - Must not describe or select the specimen - Must not decide who is authorised to sign - Must not state the fee amount. Section 2.6 was not opened for a dollar figure **The lawyer checks:** - If the application is based on section 1(b), an allegation of use, including the fee, must be filed before registration, even if the mark was used before the filing date. If proper use was made before the filing date, the allegation-of-use page says to select section 1(a) and attach a specimen - The minimum page reviews a timely statement of use for three things: the fee for at least one class required by 37 CFR 2.6, one specimen of the mark as used in commerce, and a 2.20 verification that the mark is in use in commerce - The verification is signed by the owner or by a person with legal authority to bind the owner, a person with firsthand knowledge and actual or implied authority, or a qualified practitioner with an actual or implied power of attorney - If the verification is unsigned or signed by the wrong party, a substitute verification must be submitted on or before the statutory deadline for the statement of use. Timely means within six months of the notice of allowance, or within a granted extension - 37 CFR 2.20 permits, instead of an oath, the language of 28 U.S.C. 1746 or a declaration that willful false statements are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and may jeopardise the registration ## Authorities - [USPTO, Allegation of use, page opened 22 October 2026](https://www.uspto.gov/trademarks/apply/allegation-use) - [USPTO, Statement of Use minimum filing requirements, page opened 22 October 2026](https://www.uspto.gov/trademarks/apply/statement-use-sou-minimum-filing-requirements) - [37 CFR 2.20, Declarations in lieu of oaths, eCFR opened 22 October 2026 (80 FR 33178, 11 June 2015)](https://www.ecfr.gov/current/title-37/section-2.20) ## Official form [Official form](https://www.uspto.gov/trademarks/apply/statement-use-sou-minimum-filing-requirements) ## Where this comes from The official form is published by uspto.gov; this page is a completion guide. Last checked on 2026-10-22. ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-statement-of-use and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*