File Statement of Use For Your Trademark
If your application is based on Intent of Use, you will need to submit evidence of using your mark to the USPTO after you receive a Notice of Allowance.
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Simple 3-step process with online form
Application Preparation
Application prepared by a US licensed attorney
Statement Of Use
Statement Of Use filed with the United States Patent & Trademark Office
Labels or tags attached to the product showing the trademark prominently displayed.
Your product boxes, wrappers, or containers with the trademark prominently displayed.
Photos of the product itself with the trademark visible.
USPTO Guide To Trademark Statement of Use (SOU)
When the United States Patent and Trademark Office (USPTO) issues a Notice of Allowance (NOA), the applicants must immediately file a Trademark Statement of Use (SOU) to demonstrate the active use of their trademark in the relevant market. Correct and timely filing of the Statement of Use trademark USPTO form is crucial in relocating your trademark from “Intent-To-Use” to complete registration.
What To Include In Statement of Use
The following details have to be included while preparing your Statement of Use USPTO filing:
Applicant Information:
The complete legal name and address of the current owner.
Specimen:
A tangible proof displaying your trademark in use, including tags, packaging, labels, or advertisements for services. It could be very helpful to use a Trademark Statement of Use example to make it easier for you to correctly format this.
Date of First Use in Commerce:
The day when goods or services were first sold or offered across state borders to the customers.
Goods/Services:
The goods or services list associated with the mark that should be the same as your original application.
Declaration:
A written statement endorsed by the signer declaring the truth and correctness of the information given.
Filing Fee:
The payment of the Statement of Use trademark fee is required, and it is charged for each class of goods or services.
What Happens After Filing
The application moves to the examination stage after you file Statement of Use trademark forms:
Examination:
An attorney in USPTO examines the SOU for precision and observance.
Approval:
If all conditions are satisfied by the SOU, your registration certificate will be issued usually within a few months.
Rejection:
In case there are problems, an office action will be sent to you detailing the difficulties. You will be required to address these within the allotted period, or your application will be considered abandoned.
Trademark Statement of Use Extension and Deadlines:
A Statement of Use with the USPTO has to be filed within six months after receiving the Notice of Allowance. In case you need more time, you can ask for a Trademark Statement of Use extension, which comes with its own fee as well.
A total of five extensions can be filed, which gives you three years altogether from the date of the NOA to file your SOU. If you fail to meet these deadlines, your application will be rejected and you will have to reapply again.
Frequently Asked Questions: Statement Of Use
If you have more questions, please give us a call or chat now with one of our Certified Trademark Specialists.
A Statement of Use is a paper that is submitted to the USPTO declaring that the trademark has been commercially utilized by the applicant. It is obligatory only for certain applications.
Use in commerce basis (under Trademark Act Section 1(a)) your mark is presently utilized by you in trade together with your products or services. Intent-to-use basis (under Section 1(b)) you will be using your mark in trade with your products or services and your intention to do so is genuine and the timing is near.
According to Section 1(b)(1) of the Trademark Act, 15 U.S.C. §1051(b)(1), an applicant has the option to submit a trademark or service mark application on the basis of a legitimate intention to utilize the mark in the market "under conditions that can demonstrate the honesty of such person."
The USPTO requires the applicant to submit evidence in the form of specimens when claiming the use of the trademark. The specimens are electronically submitted with a trademark application that is in use, the Statement of Use, or an Amendment to Allege Use. They must show the trademark exactly as it appears in the application in a readable manner.
Evidence of use is usually information about how your trademark has been used and promoted. It usually consists of A cover letter, which should include details of the application but shouldn't include sensitive or confidential material. A declaration from you about how you've used the trade mark.
The SOU marks the last phase in the process of many trademark registrations. The next step is for an attorney at the USPTO to review the SOU and decide if it satisfies numerous demands.
A trademark, if not used in commerce almost perpetually, would have its rights lost to the owner and thus the mark could be declared abandoned. So in other words, trademark protection is a sort of opportunity which is always continuous.
The following is a disclaimer for the word “SHIRTS” and the shirt design: No exclusive right to use “SHIRTS” and the design of a shirt apart from the mark as shown is claimed.
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