Back to Specifics of US trademarks

What is a Statement of Use, and when is it submitted?

Written by Jan Buza

Co-founder of Trama

A Statement of Use (SOU) is a filing submitted to the USPTO to confirm that an intent-to-use trademark application has entered actual commercial use in the US market. It is required to complete the registration of a trademark filed on an intent-to-use basis.

After an intent-to-use application passes examination and the opposition period without challenge, the USPTO issues a Notice of Allowance. The applicant then has six months to file the Statement of Use, accompanied by a specimen showing the mark in actual use in US commerce, and a fee of $150 (Kč 3,800) per class. Extensions of time are available in six-month increments, up to a maximum of 36 months from the Notice of Allowance date.

The trademark is not formally registered until the Statement of Use is filed and accepted by the USPTO.

Related questions

Trademark perspective on NFTs: New, Fabled and Thrilling

$40 billion estimated market value and 1,000+ fold increase in the number of trademark applications. Those are some of the breathtaking facts about non-fungible tokens (NFTs) that have captured substantial attention from the public, regulators, established brands and last but not least, IP specialists. This article presents a trademark perspective on NFTs, exploring this novel phenomenon and emerging issues.

How to maximise chances of a trademark registration success?

Skill, experience and attention to detail play an essential role in mitigating the potential risks that could impede a successful trademark registration. Given the non-refundable trademark application fees, relying on a trusted expert can provide applicants with an economic benefit in addition to the peace of mind.

Stories of our clients: ShyneDurags

“Our continual drive for excellence made us the best selling durag brand in the UK. Last year, we began trading on Amazon and found the marketplace to have a handful of rogue sellers who attempted to tarnish others’ brand reputation. This issue was quickly dealt with after trademark certifications were provided to Amazon.” Read the full story of Alvin Mills, the founder of ShyneDurags, who continues in his goal to create the #1 online destination for afro hair care.