Statement of Use

A Statement of Use (SOU) is a USPTO filing demonstrating that the applicant is actually using the trademark in commerce on the goods or services in the application. It is required to complete registration of intent-to-use (Section 1(b)) applications.

The SOU includes a sworn statement, a specimen of actual commercial use (a label, packaging, screenshot of an active sale page), and a filing fee. It must be filed within six months of the Notice of Allowance, extendable in six-month increments up to three years.

A defective specimen is the most common reason an SOU is rejected, mock-ups, advertising-only materials, and non-commerce uses do not qualify. We prepare SOUs for California brands and select specimens that withstand USPTO scrutiny.