Filing a trademark statement of use

A statement of use allows you to file for trademark fortification before you begin using your trademark. In this post, we help you know how to register a statement of use. We also include tips for filing your application, info on fees, and also registration timeline.

In most cases, it makes a lot of sense to begin the trademark registration procedure before you start using it. You can achieve this by picking section 1(b) intent-to-use as the basis for your application in the USPTO (US patent and trademark office).

Nevertheless, before your trademark can be registered, you must start using your trademark in commerce and fix your application to section1 (a) Use, which deals with the actual utilization of the trademark in commerce.

To transform the basis of the trademark application form from section 1b to section 1b, you need to file SOU (statement of use).

The notice of allowance

If you want to file a statement of use, you will get an NOA (notice of allowance) from the USPTO. In case you get the NOA, it implies that your trademark has passed almost all stages in the registration procedure and is nearly complete to be registered. All that will be left is proving that your trademark is being utilized in commerce.

The moment you get the NOA, you will be offered a duration of 6 months to file a statement of use or ask for a time extension to file the SOU. It’s essential to pay attention to this filing timeline. If you fail to file within the required time, the application might be considered abandoned. You might get a chance to revive the abandoned application by filing for the petition, submitting additional documentation, and paying an extra fee. However, there is no guarantee.

The statement of use form

You can file your trademark of use online using the TEAS (Trademark Electronic Application System). You will be required to fill the online form with the following details:

  1. Date the mark was used for the first time
  2. Date the mark was used first in commerce
  3. A well-signed declaration indicates that you are now utilizing the trademark in commerce in connection with the products or services indicated in the trademark application
  4. A specimen showing how you’re using the mark in commerce
  5. $100 filing fee

Asking for a time extension

If you haven’t started using the mark, you can ask for a 6-month extension of time to file your statement of use.

You need to file the extension request within six months of filing the SOU. You can only file up to 5 requests on extension.

Once you file the first extension, all other extension requests should outline your ongoing effort to utilize the mark.

Extra extension request should be filed before the first extension expires

You will need to give $125 as a filing fee for every extension request.

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