A Statement of Use is a document filed with the USPTO to indicate that you are using your trademark in commerce. It is only required in some applications.
By Michael Kondoudis, Small Business Trademark Attorney
This is our ULTIMATE guide to trademark Statements of Use. If you have questions about Statements of Use for trademarks, then this guide is for you.
In this guide we discuss:
→ The Basics of USPTO Statements of Use
→ How, When, and Where to File a Statement of Use
→ The Requirements for Trademark Statements of Use
→ An Example of a Trademark Statement of Use
→ Frequently Asked Questions About Statements of Use
Let’s get started!
What Are Trademark Statements of Use?
What is a Statement of Use trademark?
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. Read about what you need to include in a Statement of Use here.
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 they can issue trademark registration certification.
Do I need to file a trademark Statement of Use?
It depends. If the U.S. Patent and Trademark Office has sent you a Notice of Allowance, you will 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 you submit proof of use of your trademark with your new trademark application, for example, you will not need to file a trademark Statement of Use.
If you filed your trademark without proof of use, you 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 you don’t file a Statement of Use, your trademark application cannot be approved, and your mark will not be registered. Eventually, your trademark will be deemed abandoned, and someone else can apply to register your trademark.
If you are not ready to submit a Statement of Use, it may be possible to request an extension of time. Read more about extensions of time here.
Filing Trademark Statements of Use
Where to file a trademark Statement of Use?
Statements of Use for trademarks are filed with the U.S. Patent and Trademark Office in Alexandria, Virginia.
How to file a trademark Statement of Use?
You 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).
If you want to learn more about TEAS, you can read our Guide to TEAS Plus here.
When to file a trademark Statement of Use?
You must file a Statement of Use within six months from the date on your Notice of Allowance. If you are not using your trademark by that deadline, you 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.
Requirements for Statements of Use
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.
Trademark Statement of Use Example
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
Frequently Asked Questions About Trademark Statements of Use
1. What is a statement of use in trademark?
A Statement of Use (SOU) is a filing submitted to the U.S. Patent and Trademark Office (USPTO) that confirms that the applied-for mark is actually being used in commerce. Use in commerce is required to register a trademark with the USPTO.
2. How much does it cost to file a statement of use with the USPTO?
The cost for a trademark Statement of Use is $100 per class. A trademark Statement of Use must include a filing fee of $100 per class listed in your Notice of Allowance.
3. What is USPTO statement of use?
A statement of use (SOU) is a filing submitted to the U.S. Patent and Trademark Office (USPTO) that confirms that your trademark application is now being used in commerce.
4. What to include in a trademark Statement of Use?
You should include the required filing fee, at least one example of how you are using your mark, and a sworn statement that a trademark is in use
5. Do I need to file a statement of use for a trademark?
If you have received a Notice of Allowance from the U.S. Patent and Trademark Office, you must file a Statement of Use to show you are using it to sell goods and/or services.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
