What is a Statement of Use

When do you need to file a Statement of Use?

Sometimes an applicant may file a trademark application before the goods or services are being used in commerce. This is known as an Intent To Use application. A Statement of Use is required to be filed with the USPTO when you have filed an Intent to Use Application.

After an Intent to Use Application is filed for your trademark, you will need to file a Statement of Use (SOU) to finalize your trademark registration with the United States Patent and Trademark Office (USPTO).

An SOU is a filing with the USPTO that shows confirmation by the applicant that the applied for mark is actually being used in commerce.

What Does Use in Commerce Mean?

In order to be granted a Certificate of Registration by the USPTO you must show the name, logo or slogan being applied for has been used in commerce.

This means that the mark is actually being used or sold in connection with the goods or services described in your filed trademark application.

If you filed an Intent to Use Application with Make Your Trademark we will inform you when your Statement of Use is due for filing.

A Notice of Allowance must first be issued by the USPTO before a Statement of Use can be filed.
In order to file a Statement of Use your mark must be used in commerce in the United States.
You can file a six month extension to this requirement a total of five times.

If you did not use our services to file your original trademark, we can still assist with the Statement of Use Filing.

When do you have to file a Statement of Use?

At this time, you must file a Statement of Use within six months of the date of issuance of a Notice of Allowance by the USPTO or you may file a request for an extension of time.

Once the SOU is filed with the USPTO the examining attorney will review the SOU and proceed with the registration process.