Detailed Concept of Statement of Use:
A Statement of Use (SOU) is a filing that demonstrates that a trademark is being used in
commerce. Statements of Use are filed with the U.S. Patent and Trademark Office (USPTO) and
are the way that you tell the U.S. Patent and Trademark Office that you are using your trademark.
The USPTO requires proof that a mark is in use before it will grant a trademark application. A
Statement of Use is the way you show the USPTO that you are using your mark.
A Statement of Use is the last step of the trademark application process. A Statement of Use has
several specific requirements. A trademark Statement of Use (SOU) is an important part of the
trademark registration process with the USPTO. It is a sworn declaration that attests to using the
trademark commercially in interstate commerce – meaning it has been used in connection with
goods or services across state boundaries. A SOU serves as proof to the USPTO that the trademark
is now being used on the goods/services specified in its trademark application and must be filled
out properly before it can issue trademark registration certification. If the U.S. Patent and
Trademark Office has sent a Notice of Allowance, need to file a Statement of Use.
Does every trademark application need a Statement of Use?
No, not every trademark application needs a Statement of Use. If one submits the proof of use of
the trademark with their new trademark application, he/she will not need to file a trademark
Statement of Use.
If the one filed the trademark without proof of use, he/she must file a Statement of Use to show
you are using it. This is required before your trademark can be registered.
What happens if I don’t file a trademark Statement of Use?
If the one doesn’t file a Statement of Use, their trademark application cannot be approved, and
the mark will not be registered. Eventually, the trademark will be deemed abandoned, and
someone else can apply to register the same trademark.
If the one is not ready to submit a Statement of Use, it may be possible to request an extension
of time. State of Use
How to file a trademark Statement of Use?
One can file a trademark Statement of Use online or by mail. The fastest way to file a trademark
Statement of Use is online using the U.S. Patent and Trademark Office’s Trademark Electronic
Application System (TEAS).
Period to file a trademark Statement of Use?
One must file a Statement of Use within six months from the date of Notice of Allowance by the
USPTO. If the one is not using the trademark by that deadline, they can request a six-month
extension. Read more about extensions of time here.
Who Should File a Statement of Use Trademark?
A trademark applicant should file any required Statement of Use within six months after a Notice
of Allowance from the U.S. Patent and Trademark Office (USPTO).
What is the Statement of Use trademark fee?
The fee for a trademark Statement of Use is $100, if the Statement is submitted to the U.S.
Patent and Trademark Office using its Trademark Electronic Application System (TEAS). The fee is
$200 is the Statement is submitted on paper. The USPTO publishes a list of all trademark fees on
its website here.
What are the requirements for a trademark Statement of Use?
A Statement of Use has three requirements. Every Statement of Use for a trademark must
include (1) the required fee(s), (2) at least one example of use, and (3) a sworn confirmation that
the mark is being used in commerce.
The U.S. Patent and Trademark Office (USPTO) requires a fee for each class of products and
services listed in your Notice of Allowance. Similarly, the USPTO requires at least one example of
use for each class. So, if your trademark application has been allowed for three classes, then
your Statement of Use would require $300 (3 classes x $100/class).
The sworn confirmation must be made by a person with legal authority to bind the trademark
owner and must be signed. When a Statement of Use is unsigned or signed by the wrong party,
a substitute verification Is required.
Extensions of Time for Trademark Statements of Use
If you aren’t ready to file the SOU, you need to file a Request for Extension of Time to File a
Statement of Use within six months of when your Notice of Allowance was issued. The
extensions can be filed every six months for up to 36 months.
A Statement of Use for a trademark application is needed when the U.S. Patent and Trademark
Office (USPTO) issues a Notice of Allowance in a trademark application. If you receive a
document that looks like the Notice of Allowance example below, you need to file a Statement
of Use.
Example of a Notice of Allowance
This is an example of a Statement of Use that was filed in response to the Notice of Allowance
above.
Trademark Statement of Use Example
Extension of Time:
Basically, we have six (6) months from the issue date of the Notice of Allowance (NOA)
either to file a Statement of Use (SOU) or apply for an extension of time to file an SOU
(an “Extension Request”). An Extension Request is a sworn statement that the applicant
still has a bona fide intention to use the mark in commerce but needs additional time to
use the mark. A filing fee of $125 per class of goods/services must be paid with the
Extension Request.
You may continue to file Extension Requests every six (6) months for up to a total of five
(5) extensions of time. You must use the mark in commerce and file an SOU within three
years (36 months) of the NOA issuance date. For more information, see TMEP Section
1108.01.
Note: The six-month periods are based solely on the issuance date of the NOA, and NOT
from the filing date of any extension; i.e., the six-month period following issuance of the
Notice of Allowance (or any subsequent six-month extension period) will not be cut short
by the grant of an extension.
