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Statement of Use

“Bringing your Trademark to Life: The Power of Statement of Use”

What is a Statement of Use?

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.

What are the requirements for a Statement of Use Trademark?

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:

1. Basis

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.

2. Continuous use in commerce

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.

3. Specimen of Use

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.

4. Fees

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.

5. Timelines

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.

6. Declaration

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.

FAQ's

A trademark is an intellectual property that is registered with government offices to legally protect your brand name, logo, or slogan. Trademarks help to build brand recognition and loyalty among consumers.

Trademark search is a way to search for already registered or pending trademarks that can conflict with your proposed trademark. By searching we can avoid potential legal conflicts that may arise due to already registered trademarks. Trademark searches can be conducted on various online databases like USPTO, WIPO, EUIPO, and CIPO.

No doubt, an applicant can search for exact match trademarks themselves but trademark offices consider multiple factors while examining like phonetic similarity, translation, etc. which a common man is not aware of. Hence, more than 80% of applications filed without attorneys are prone to rejection. Therefore, you need an attorney who can conduct a comprehensive search that increases the chances of success of the trademark application. So, it's always good to hire professional attorney-led filings.

The filing fee or government fee varies depending on countries. The USPTO government fee is $250 or $350 per class depending on the type of application. This fee will be submitted at last when we prepare the application.

The government has divided products/ services into multiple classifications. The USPTO has divided all goods and services into 45 categories. A few categories or classes are Clothing (class 25), Electronics (class 09), Kitchen goods (class 21), and software (class 09 and 42).

Yes, you can use a trademark on Amazon to get enrolled on the Amazon brand registry and take benefits like A+ content, protection from Hijackers, and secure product listings.

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BC, Canada

Bissmarks team was great to talk to, and simplified what seemed like a very complicated process for me to do on my own. I would be a returning customer!

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Excellent work, communication was great and the work was delivered very quickly!!