A Statement of Use is a sworn declaration submitted to the USPTO confirming that you have started using your trademark in commerce after filing an Intent-to-Use application.
Why Do You Need to Submit a Statement of Use?
- Final Step for Registration: If you filed an Intent-to-Use application, you must submit an SOU to move forward to registration.
- Protection: It reinforces your exclusive rights to the trademark.
Key Requirements for a Statement of Use:
- Use in Commerce: The trademark must be actively used in selling goods or services across state lines.
- Specimen: Provide tangible evidence of the trademark’s use:
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- Product labels or packaging
- Website screenshots showing the product or service
- Brochures or advertisements
Statement of Use Process:
- Filing Timeline: Submit the Statement of Use within six months of the USPTO issuing a Notice of Allowance. If needed, you can request extensions in six-month increments, up to five times.
- Submission: Include details regarding the date of first use and first use in commerce.
- Review: A USPTO Examining Attorney will review your Statement of Use.
- Response: If there are concerns or issues, the Examining attorney will issue an Office Action requiring your response.
Finalization: After addressing any issues and upon USPTO acceptance, the trademark progresses to registration.
Fees:
There are USPTO fees and legal fees associated with submitting the Statement of Use and additional charges for requesting extensions.
Things to Remember About Statment of Use Filings:
- Continuous Use: Once a Statement of Use is accepted, continue using the trademark to maintain its protection.
- Accuracy: Ensure all details in the Statement of Use are accurate. Misrepresentations can lead to invalidation of the trademark.
- Timeliness: Always meet USPTO deadlines to avoid abandonment.
The trademark journey has multiple steps, each vital to securing your brand’s protection.
Contact us today for assistance with your Statement of Use.