Trademark Statement of Use: A Practical Guide

Check the Notice of Allowance and application status before preparing a filing. An amendment to allege use is a different use-related filing with a different procedural stage. Do not select a form solely because both concern use.

Identify which goods or services are actually offered under the mark and the relevant facts of use. Future plans, fabricated dates or a design mockup are not substitutes for genuine use evidence. The declaration must reflect the actual situation.

Evidence requirements differ for goods and services. A specimen should show the mark functioning in connection with the relevant offer. Review the full context of the evidence, rather than assuming that any photograph, logo or webpage is acceptable.

Current USPTO guidance provides a six-month initial period from the Notice of Allowance to file the Statement of Use or an eligible extension request. Additional extensions have limits and fees. Review the actual issue date and record; this guide does not calculate a personal deadline.

A use-related filing and any extension can involve government charges and separate service work. Confirm what the original engagement includes. The complimentary report for a new filing does not automatically cover later Statement of Use work.

The USPTO can accept the submission or issue a notice concerning the specimen, dates or other requirements. Use the specialist SOU Office Action page if an examiner has raised an issue. Keep the actual notice and evidence available for a focused review.

• Official guidance: intent use itu forms
• Official guidance: specimen refusal and how overcome refusal

General information does not determine your individual filing deadline or provide a legal opinion. Review the official record and agree on the service scope for your circumstances.