Practical Handbook for Trademark Proof of Use by Entrepreneurs!
Businesses seeking to protect their brand identity and strengthen their trademark rights must file a Statement of Use (SOU) with the United States Patent and Trademark Office (USPTO). This sworn declaration provides evidence that the trademark application is now actively in use for business purposes. Here's a comprehensive guide on how to file a Statement of Use and the critical details to include.
The Importance of Filing a Statement of Use
A trademark application can only be finalized and approved if the Statement of Use is filed. Failing to do so may lead to the trademark being overlooked during the publication on the official gazette, potentially causing confusion due to multiple registered trademarks that are not actively being used. Businesses should submit their SOU before proceeding with the intent to use. Avoid filing an SOU if the trademark isn't currently being used in business, as it may need to be re-applied for later.
Steps to File a Statement of Use
- Review your trademark application and ensure it has been approved.
- Gather the following information:
- Date of first use
- Date of first use in commerce
- A clear specimen showcasing the mark in use
- Declaration signed by the business owner
- Access the Trademark Electronic Application System (TEAS) to file the SOU, ensuring the mark is consistently used as described in the original application.
- Submit the required information and pay the associated fee.
By following these steps and meeting the deadlines, businesses can secure optimal trademark protection.
Key Aspects of the Filing Details
A successful SOU filing requires careful consideration of the following aspects:
- Ensuring the mark is continuously in use
- Presenting the mark in a specimen that can be easily understood
- Confirming that the filing complies with the Lanham Act
- Preparing the fee for submitting the statement
Meeting these filing details and deadlines is vital in preventing the application from being abandoned.
Specimens in the Statement of Use Declaration
A specimen is a tangible representation of the trademark in use on the goods and services provided. It provides evidence of the mark's real-world application in commerce. To ensure the specimen is accepted, businesses should use a distinctive logo that effectively showcases their brand while creating a positive commercial impression.
For businesses specializing in services, a screenshot from their e-commerce website or a business card would be appropriate specimens. The most important factor is that the specimen clearly references the company's goods or services while highlighting the trademark.
Trademark Statement of Use Extension
Businesses with no immediate plans to use their trademark can request a trademark filing extension from the USPTO. To qualify for this extension, be prepared to present a valid reason, such as market research, seeking capital, or sourcing raw materials. offers six months of additional leeway. Make sure to meet the deadline for the extension request to avoid having your trademark application abandoned.
In conclusion, filing a Statement of Use is a crucial step in trademark registration for Intent to Use applications. By following the provided guidelines and meeting the set deadlines, businesses can ensure optimal trademark protection and safeguard their brand identity.
- To guarantee the approval of a trademark application, businesses must file a Statement of Use (SOU) and provide evidence that the trademark is actively in use for business purposes.
- When submitting an SOU, it is essential to present a specimen depicting the mark in use, adhering to the Lanham Act, and ensuring that the mark remains continually in use for goods and services provided.
