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Did you just receive a USPTO Notice of Allowance? You're almost there!
Securing your brand's future is paramount, and navigating the complexities of trademark registration requires meticulous attention to detail—especially when it comes to the critical step of filing a Trademark Statement of Use (SOU). This is the last step before registration. Circumstances may arise where you need more time to provide proof of your trademark in action. That's where the importance of a Trademark Statement of Use Extension becomes evident. A SOU extension can be filed every six months for a total of three years from the Notice of Allowance.
Statement of Use - Requirements:
All we need is the trademark application number and your specimen of use. *More information on what makes a good specimen can be found here.
Why File your SOU with Us?
I am a California trademark attorney with 15+ years experience and can ensure that the filing is compliant with the requirements and is accepted the first time.
Why is a Statement of Use Required?
Why is a Statement of Use Required?The primary purpose of the SOU is to provide evidence that the trademark is being used in commerce in connection with the goods and services listed in the application. Trademark law in the U.S. is based on use, meaning that to secure exclusive rights to a trademark, an entity must actually use the mark in the course of trade. This requirement prevents parties from reserving rights to marks indefinitely without ever using them, which could stifle competition and innovation Once the Statement of Use is filed, the trademark will proceed to registration barring something unforeseen.
When should the Statement of Use be Filed?
After Notice of Allowance (NOA): For applications filed on an ITU basis, the USPTO will issue a Notice of Allowance (NOA) after the mark has been published for opposition and no oppositions were filed (or any filed oppositions have been resolved in favor of the applicant). The NOA is not a registration but an acknowledgment that the mark will be registered once the SOU is filed. Applicants have six months from the date of the NOA to file the SOU. Extensions for Filing: If the applicant cannot file the SOU within six months of the NOA, they may request extensions of time. Each extension request grants an additional six months, and up to five extensions may be requested, totaling a maximum of 36 months from the NOA date.