A statement of use (SOU) is a sworn statement to the United States Patent and Trademark Office (USPTO) that attests that your trademark application is now being used in commerce. It is required to be filed within six (6) months from the date the Notice of Allowance was mailed and must be submitted before an intent to use application can proceed to registration.
The statement of use at a minimum must include:
- the applicable government fee;
- at least one specimen showing the mark used in commerce; and
- a statement signed by the applicant or the applicants representative, that the mark is being used in commerce.
The deadline to file the statement of use may be extended for an additional six (6) months by filing an extension request. Extension requests may be filed every six (6) months for up to a total of five (5) extensions of time. Therefore, you must use your applied-for mark within three years (36 months) from the date Notice of Allowance issue date. Failure to file an appropriate statement of use within this time period may cause the application to go abandoned requiring a new application to be filed.
Upon successful submission of a statement of use, and barring any additional issues or requirements, your application will proceed to be registered with the USPTO.