A Statement of Use (SOU) is a filing submitted to the United States Patent and Trademark Office (USPTO) in an “Intent to Use” trademark application to prove that the trademark is now being used in U.S. commerce.
What is a Statement of Use (SoU)?
When a trademark application is filed based on “Intent to Use” rather than “Use in Commerce,” the applicant must later provide proof that the mark has actually been put into commercial use before the registration can be issued. This proof is provided through a Statement of Use filing.
An SOU includes:
- A signed declaration confirming that the trademark is in use for the goods and/or services listed in the application.
- At least one specimen for each class of goods or services, showing how the mark appears in the marketplace (such as product labels, packaging, website screenshots, or advertisements).
- The required government filing fee per class.
The SOU must be filed within six months of the USPTO issuing the Notice of Allowance. If more time is needed, the applicant can request a six-month extension, with a maximum of five extensions allowed (giving up to three years from the Notice of Allowance date to prove use).
The specimen requirements in the SOU are the same as for a “Use in Commerce” application, showing genuine use of the mark in U.S. commerce, not mock-ups or placeholders. If the SOU is incomplete or the specimen is unacceptable, the USPTO may issue an Office Action requesting corrections or clarification.
The Statement of Use serves as the critical step between approval of the application and registration, ensuring that the mark is not reserved indefinitely without being actively used in the U.S. market. Without a timely and acceptable SOU, the application will be abandoned.
