What is a Statement of Use?

A Statement of Use (SOU) is a document that is filed with the U.S. Patent and Trademark Office (USPTO) as part of the trademark registration process. It is used to demonstrate that the trademark you are seeking to register is actually being used in commerce.

The trademark registration process typically requires the filing of an Intent to Use (ITU) application, followed by a Statement of Use. The ITU application shows that the trademark owner has a bona fide intent to use the trademark in commerce, while the SOU shows that the trademark is actually being used in commerce.

The SOU must be filed within a specified time period, usually between 6 and 24 months from the approval of the ITU application, depending on the specific circumstances of the case. The SOU must include a specimen that shows the trademark being used in commerce, such as a product label, advertisement, or business card.

The filing of a Statement of Use is a crucial step in the trademark registration process, as it provides evidence that the trademark is being used in commerce, which is a requirement for trademark registration. Without a Statement of Use, the USPTO will not grant trademark registration, and the trademark owner will not be able to enjoy the benefits of trademark protection.In conclusion, a Statement of Use is a document that is filed with the USPTO as part of the trademark registration process, to demonstrate that the trademark you are seeking to register is actually being used in commerce. The SOU must be filed within a specified time period and must include a specimen that shows the trademark being used in commerce. Filing a Statement of Use is a crucial step in the trademark registration process, as it provides evidence that the trademark is being used in commerce, and is required for trademark registration.