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Statement of Use (SOU) means a legal document filed with the USPTO to consider that a trademark is being used in commerce. At the time of filing an application for trademark registration with USPTO, the applicant needs to give a “specimen” or evidence of continuous use of a trademark in commerce. However, in certain cases, the applicant may have not begun using the trademark during filing, but they have the intention to use it in the future. In this matter, the applicant can file an “Intent-to-Use” (ITU) application. Once USPTO permits an ITU application, then the applicant must file a SOU within a prescribed time of mainly six months to prove that the trademark has been used in commerce. A SOU involves evidence like samples of trademarks displayed on packaging, goods, advertising materials, or other appropriate documents. It is a vital step to accomplish the trademark registration process and protect exclusive rights to the trademark. It offers proof that the trademark is actively used in commerce and supports to prevention the registration of unused trademarks. It is advisable to consult with the Bissmarks professionals who have years of experience in this field.
During the filing of Statement of Use Trademark with the USPTO, there are certain requirements must be followed. Here are the key requirements for SOU:
The applicant has been filed on an ITU basis as it refers that during the filing of the initial trademark application, the applicant had bona-fide intention to use the trademark in commerce, but had not stated yet.
Use in commerce means the sale or transport of products or the rendering of services, in interstate or international commerce. The trademark must have been used in commerce with goods or services listed in the said application.
The SOU must involve a specimen or evidence, which shows that the trademark is continuously used in the open market. The specimen includes tags, images of the product, brochures, website screenshots, labels, advertisements, or packaging.
For filing SOU, relevant fees must be paid to the USPTO. The amount of fee depends on several elements like selection of filing method, and number of trademark classes.
The SOU must be filed within the prescribed time as most ITU applications have to be filed within six months from the date of the Notice of Allowance issued by the USPTO. Meanwhile, an extension of time may be available in certain cases.
The SOU must be signed with the declaration mentioning that the mark is in continuous and extensive use in the open market, mentioning the date of first use, and providing goods or services on that mark is used. The declaration must be signed by an authorized person associated with the applicant, like a company officer or an individual with legal authority to bind the applicant.
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