Trademark Statement Of Use Form: A Step-By-Step Guide

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When a trademark application is filed with the United States Patent and Trademark Office (USPTO), it is initially considered an "intent-to-use" application. This means that the applicant has not yet begun using the mark in commerce, but intends to do so in the future. However, before a trademark can be officially registered, the applicant must demonstrate that the mark is being used in commerce. This is where the Statement of Use (SOU) form comes in.

The SOU form is a critical step in the trademark registration process, as it allows the applicant to declare that the mark is being used in commerce. In this article, we will provide a step-by-step guide on how to complete the SOU form and what to expect during the process.

Understanding the Statement of Use Form

The SOU form is used to notify the USPTO that the applicant has begun using the mark in commerce. This form must be filed within six months of the date the USPTO issues a Notice of Allowance, which indicates that the mark has been approved for registration. Failure to file the SOU form within this timeframe can result in the abandonment of the trademark application.

Requirements for Filing a Statement of Use

Before filing the SOU form, the applicant must ensure that the mark is being used in commerce. This means that the mark must be used in a way that is visible to the public, such as on product labels, packaging, or in advertising. The applicant must also have a bona fide intention to use the mark in commerce, meaning that they have a genuine intention to use the mark in a way that is consistent with the goods or services listed in the trademark application.

Step-by-Step Guide to Completing the Statement of Use Form

Completing the SOU form involves providing detailed information about the mark and its use in commerce. Here is a step-by-step guide to help you navigate the process:

1. Access the SOU form: The SOU form can be accessed through the USPTO's online database, TEAS (Trademark Electronic Application System). You will need to log in to your USPTO account and select the trademark application for which you want to file the SOU form.
2. Provide mark information: Enter the mark information, including the mark itself, the goods or services listed in the trademark application, and the International Class numbers.
3. Attach a specimen: Attach a specimen of the mark as it is being used in commerce. This can be a label, packaging, or advertising material that shows the mark in use.
4. Declare use in commerce: Declare that the mark is being used in commerce and that you have a bona fide intention to continue using the mark in commerce.
5. Pay the filing fee: Pay the filing fee, which currently stands at $100 per class.
6. Submit the form: Once you have completed the form and attached the required specimen, submit the form to the USPTO.

What to Expect After Filing the Statement of Use Form

After filing the SOU form, the USPTO will review the application to ensure that the mark is being used in commerce and that the applicant has a bona fide intention to continue using the mark in commerce. If the application is approved, the USPTO will issue a registration certificate, which confirms that the mark has been officially registered.

Common Issues with the Statement of Use Form

While completing the SOU form, applicants may encounter several issues that can delay or even prevent the registration of the mark. Some common issues include:

• Incomplete or inaccurate information: Ensure that all information provided is complete and accurate, as errors or omissions can lead to delays or rejection of the application.
• Insufficient specimen: Ensure that the specimen attached to the application is sufficient to demonstrate use of the mark in commerce.
• Lack of use in commerce: Ensure that the mark is being used in commerce, as failure to demonstrate use can result in rejection of the application.

Best Practices for Filing a Statement of Use Form

To ensure a smooth and successful registration process, follow these best practices when filing the SOU form:

• Seek professional advice: Consult with a trademark attorney to ensure that the application is complete and accurate.
• Use the correct form: Ensure that you are using the correct form, as the USPTO has different forms for different types of trademark applications.
• Attach a sufficient specimen: Ensure that the specimen attached to the application is sufficient to demonstrate use of the mark in commerce.

Conclusion

The Statement of Use form is a critical step in the trademark registration process, as it allows the applicant to declare that the mark is being used in commerce. By following the step-by-step guide outlined in this article and taking note of common issues and best practices, applicants can ensure a smooth and successful registration process.

We encourage you to share your experiences or ask questions about the Statement of Use form in the comments section below. Additionally, if you found this article informative, please share it with others who may be interested in learning more about the trademark registration process.