What are the Requirements of a Statement of Use?

A Statement of Use (SOU) is a document filed with the United States Patent and Trademark Office (USPTO) to show that a trademark is being used in commerce. The SOU is required after the USPTO has issued a Notice of Allowance (NOA) for the trademark application. The NOA indicates that the trademark has cleared the examination process and is ready for registration.

The following are the requirements for a Statement of Use:

  1. Use in Commerce: The trademark must be in use in commerce, which means it must be used in connection with the sale or transportation of goods or services. The use must be bona fide, which means that it must be a real commercial use and not just a token use.
  2. Specimen of Use: The SOU must include a specimen of use, which is a sample of how the trademark is being used in commerce. The specimen of use must show the trademark as it is used on the goods or in connection with the services.
  3. Signature: The SOU must be signed by the trademark applicant or its authorized representative.
  4. Payment of Fees: The SOU must include payment of the required fees.
  5. Accurate Information: The information in the SOU must be accurate and complete. The USPTO may reject the SOU if the information is not accurate or complete.

In conclusion, a Statement of Use is a document filed with the USPTO to show that a trademark is being used in commerce. The SOU must include a specimen of use, a signature, payment of fees, and accurate information. The USPTO may reject the SOU if the information is not accurate or complete. The SOU is an important step in the trademark registration process, as it shows that the trademark is being used in commerce and is eligible for registration.