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What is the difference between a Statement of Use and a Declaration of Use?

Senior Trademark Attorney

Both are USPTO filings involving evidence of trademark use in US commerce, but they apply at different stages and serve different purposes.

A Statement of Use is filed during the application process, and only for trademarks originally filed on an intent-to-use basis. It is submitted after the USPTO issues a Notice of Allowance and demonstrates that the mark has entered actual US commercial use. Without it, the trademark cannot be registered.

A Declaration of Use is a post-registration maintenance filing required for all registered US trademarks, regardless of the original filing basis. It is filed between the 5th and 6th year after registration and at each 10-year renewal thereafter, confirming the trademark is still in active US commercial use.

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