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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About USPTO Statement of Use For Your Trademark
If you do not file SOU, your application will be abandoned and the mark cannot be registered. This will allow others to apply and register for the mark. You can apply for extension in case you have not started using your mark.
Applications filed on the basis of Intent to Use will require Statement of Use. Intent to Use helps secure rights and borrow time. Once, the mark is used in commerce, SOU is essential to demonstrate the usage of mark with evidence.
Statement of Use is a document filed with the USPTO to show that the mark applied for registration is being used for the good or service. It is crucial for applications based on Intent to Use the trademark.
How to file USPTO Statement of Use ?
Provide Evidence of Use
Upload an image showing evidence of your mark being used for your goods or services.
Complete Declaration
Confirm that the mark is in use by the owner or an authorized person acting on their behalf.
Provide Dates of First Use
Provide the first use date anywhere and the first use date in commerce.
When to File USPTO Statement of Use ?
You need to file the Statement of Use (SOU) once you receive the Notice of Allowance.
What Can You Provide for Evidence of Use?
Labels or tags attached to the product showing the trademark prominently displayed.
Your product boxes, wrappers, or containers with the trademark prominently displayed.
Screenshots of Websites, e-commerce listings, mobile apps, social media profiles, digital advertisements, email campaigns, online videos, web-based presentations.
Shipping invoices, packing slips, or other documents related to the sale of the product, with the trademark visible.
Proof of sales transactions (invoices or receipts) that display the trademark.
Includes business cards, advertisements, brochures, trade show displays, social media posts, email signatures, press releases, news mentions, signage, branded stationery, contracts.
Not Started Using Your Trademark ?
You could file for a Trademark
Statement of Use (SOU) Extension.
If you need more time to use your mark, develop your product, or start your service, you can apply for an extension. Each extension grants 6 months, and you can request up to five extensions, totaling 30 months (2.5 years) from the date of your Notice of Allowance.
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Frequently Asked Questions
If your application is based on Intent of Use, you will need to submit evidence of using your mark to the USPTO.
You need to file the Statement of Use (SOU) within 6 months of the issuance of the Notice of Allowance.
If you have not started using the mark, you can file for extension – that helps you buy 6 months of time to start using the mark.
1.) Image that serves as evidence of mark being in use
2.) Declaration by the owner or someone authorized by the owner
3.) Dates of first use
Upload an image showing evidence of your mark being used for your goods or services. Confirm that the mark is in use by the owner or an authorized person acting on their behalf. Provide the first use date anywhere and the first use date in commerce.
Extension will help you borrow 6 months of time – you can start using the mark during this time. You can extend your extensions up to 5 times – getting you a total of 30 months from the date of receiving the Notice of Allowance.