Normally Statement of Use is filed when Notice of Allowance is issued by the USPTO. Statement of use is a filling basis of the Trademark application you choose at the time of Trademark Registration in the USA. When you started filling Trademark application in the USA, you choose Intent to Use 1(b) rather than already in Use 1(a), which means you have the plan to start using the Trademark in the coming months.  You have to submit the Statement of Use upon receiving a letter of Notice of Allowance. This stage comes when the trademark application is examined by the examining attorney, who believes the trademark application meets the standards and the examining attorney then allows the application for publication. Upon completion of the publication period (30 days), Notice of Allowance is issued.

You have the opportunity to file the statement of use anytime during the process but if you did not choose option 1(a) at the time of filling, it’s better to wait for the issuance of Notice of Allowance and once received you can proceed with the SOU filling. You will have 6 months from the issuance date of Notice of allowance to file the Statement of Use.

Some times filling SOU gets tricky and you would be needing Attorney assistance to file Statement of USE. However, for all the foreign applicants it is now mandatory to hire an attorney to file the SOU.

Requirements for Statement of Use

  • You must start using Trademark in commerce.
  • Your Trademark should match exactly the same as you filed.
  • You must provide specimens of Trademark used on products to meet the requirements.
  • A government filing fee of $100 each class shall be payable to USPTO.

Once Statement of Use is filed. The examining attorney will review the statement. The examining attorney will either approve the application or issue office action if there will be any discrepancy.

Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services.

Examples of specimens for goods include packaging pictures, original product pictures, advertisement material, webpages, sale point pictures. 

Request for Extension

On the other hand ff you did not start using your Trademark and you have the plan to start in a coming year or months and the deadline of 6 months is almost about to over, You can also file for an extension for Statement of Use and you can get the extension for another 6 months which can be allowed for a consecutive period of 36 months.

To file 1st extension, a fee of $125 shall be paid to the USPTO.

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