A trademark statement of use (SOU) is a legal document that attests to the fact that a trademark is being used in commerce. It is required by the United States Patent and Trademark Office (USPTO) for all trademarks that are registered on the Principal Register.

What is the purpose of a trademark statement of use?

The purpose of a trademark SOU is to ensure that trademarks are actually being used in commerce before they are granted registration on the Principal Register. This helps to prevent trademark squatting, which is when someone registers a trademark that they do not intend to use in order to prevent others from using it.

When do I need to file a trademark statement of use?

You must file a trademark SOU within six months of the issuance date of your Notice of Allowance (NOA) from the USPTO. If you do not file a SOU within this time period, your trademark application will be abandoned.

How do I file a trademark statement of use?

To file a trademark SOU, you must submit the following to the USPTO:

• A completed Form TEAS Plus
• A specimen of the trademark as used in commerce
• A filing fee

What is a specimen?

A specimen is a sample of how your trademark is being used in commerce. It can be a physical product, such as a product label or packaging, or it can be a digital image, such as a website screenshot or advertisement.

How do I prove that my trademark is being used in commerce?

To prove that your trademark is being used in commerce, you must provide a specimen that shows the trademark being used in connection with the goods or services that you listed in your trademark application. The specimen must also show that the trademark is being used in a way that identifies the source of the goods or services.

What if I cannot file a trademark statement of use within six months of the issuance date of my NOA?

If you cannot file a trademark SOU within six months of the issuance date of your NOA, you can request an extension of time. To do this, you must file a Form TEAS Plus extension request with the USPTO.

What happens after I file a trademark statement of use?

Once you file a trademark SOU, the USPTO will review it to make sure that it is complete and that it meets all of the requirements. If the SOU is approved, your trademark will be registered on the Principal Register.

Benefits of using a trademark statement of use service

There are several benefits to using a trademark statement of use service, including:

• Accuracy: Trademark statement of use services can help to ensure that your SOU is accurate and complete.
• Efficiency: Trademark statement of use services can save you time and hassle by handling the entire filing process for you.
• Peace of mind: Knowing that your SOU has been filed correctly can give you peace of mind and help to avoid potential problems with the USPTO.

Conclusion

If you need to file a trademark statement of use, it is important to work with an experienced trademark attorney or trademark service provider. They can help you to prepare and file your SOU correctly, and they can answer any questions that you have about the process.

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