Statement of Use
The Statement-of-Use (SOU), sometime referred to as an Amendment-to-Allege-Use (AAU), signifies your mark’s active presence in the marketplace, bridging the gap between tentative approval and full trademark registration.
How It Works
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Submit Your SOU
Demonstrate your trademark's use in commerce through a proper specimen.
File an Extension
Alongside your SOU, filing an extension of time ensures that, should there be any concerns or deficiencies with your specimen or SOU, you have extra time to make necessary corrections.
Peace of Mind
Rest easy knowing you have ample opportunity to rectify any problems and keep your trademark journey on track.
Mastering the Statement of Use: From Intent to Actual Use
Trademark Shark offers tailored services to meet your specific needs during the trademark registration process. Our SOU filing package includes expert preparation of your proof or use or so-called “specimen,” showcasing your trademark in use, ensuring the specimen meets USPTO standards.
Use in Commerce
"Use in Commerce" means you're actively using your trademark to sell or offer your goods and services. It's all about showing real, genuine use of your trademark in business dealings. For your trademark registration to go through, you need to prove this use to the USPTO with clear examples of how your mark is seen in the marketplace.
Why File an Extension?
Filing an Extension of Time gives you a safety net. If there's an issue with your SOU, especially with the specimen showing your trademark "Use in Commerce," the extension provides additional time to address and correct any issues without risking your application being considered abandoned by the USPTO.
Don't Miss the Mark!
Timely submission is key. The impact of missing the filing deadline to file the SOU can result in your trademark application being abandoned by the USPTO
Who Can File a Statement of Use?
You're eligible to file if your mark is already in use in commerce. If not, you may request an Extension of Time to prepare for usage.
Pricing for Statement of Use and Extension of Time
We offer tailored services to meet your specific needs. Our transparent pricing ensures you understand all costs upfront, with no hidden fees, making the process straightforward and stress-free.
Statement of Use Preparation and Filing
Our service fee for preparing and filing your Statement of Use is $299 for each classification of goods or services. This includes meticulous preparation of your specimen and submission of the SOU to the USPTO.
Extension of Time for filing SOU
$249/mark + USPTO fees
Should you need additional time before filing your SOU, we can assist with filing an Extension Request, which ensures your application remains active, giving you the necessary time to begin use of your trademark in commerce
Basic Package
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FAQ's
Trademark FAQs
Have questions about trademarks, intellectual property, or brand protection? Check out our FAQs for answers to common queries to get clear, informative responses to address your concerns.
Trademark registration provides legal evidence of your ownership and exclusive rights to use the mark nationwide in connection with the goods/services listed in the registration.
Yes, if your seller name is unique and identifies the source of your goods or services, it can be trademarked.
While it’s not required, hiring a professional can increase the chances of a successful application. Trademark law is complex and a specialized attorney can navigate potential pitfalls.
The cost includes a filing fee that ranges from $225-$400 per class of goods/services, plus any professional fees if you hire a trademark service or attorney.
Trademark registration gives you exclusive rights to use your brand name and logo, preventing others from using similar marks that can confuse customers. It strengthens your brand identity and protects your business from counterfeiters.
The process typically takes around 8-12 months, but can extend longer if complications arise during the review phase by the USPTO.
Yes, you can. However, please note that the benefits and protections granted by a registered trademark will only be effective once your trademark has been officially registered.
This is a basic type of search where you look for exact matches of your mark in the USPTO database.
A comprehensive search report examines federal, state, and international databases, domain names, social media platforms, and other relevant places for similar marks.
No, a positive search report reduces the risk of conflict but does not guarantee registration. The USPTO makes the final decision.
A trademark search helps identify potential conflicts with existing trademarks, minimizing the risk of disputes and legal challenges in the future.
It is advisable to conduct a trademark search every time you introduce a new product, brand, or logo to ensure there are no conflicts with existing trademarks.
Yes, if you are not using your mark in commerce, you can file an Extension Request to gain
You can file up to five extension requests, each granting an additional six months, giving you a maximum of three years to start using the mark after receiving the Notice of Allowance.
If the abandonment was due to a missed deadline, you may be able to revive the application by filing a Petition to Revive and paying the associated fee.
The Petition to Revive must be filed within two months of the issuance of the Notice of Abandonment.
You need to provide a list of goods/services that the mark is still used with, a specimen showing the mark’s use, and the required fee.
No, to renew the registration, you must be actively using the mark in commerce.
Failure to renew leads to cancellation of the trademark registration, meaning you lose your exclusive rights to the mark.
Trademarks need to be renewed between the 5th and 6th year after registration, between the 9th and 10th year, and every ten years thereafter.
Delay in renewal may lead to cancellation of your trademark, losing the exclusive rights to use the mark.
The Statement of Use should be filed after you receive a Notice of Allowance from the USPTO and have started using the mark in commerce.
No, if you have not started using the mark, you can file an Extension Request to gain six more months to file your Statement of Use.
It’s a document submitted to the USPTO proving that you are actively using your trademark in commerce. It’s needed before the USPTO grants registration.
If a Statement of Use is not filed, the USPTO will abandon your trademark application.