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What is a Statement of Use and Why It Matters in Trademark Law
Definition & Meaning
A Statement of Use (SOU) is a formal declaration submitted by a trademark applicant or their attorney. This document asserts that the applicant is actively using the trademark in interstate commerce for the goods and services specified in their application. If the trademark application was originally filed based on actual use, an SOU is not required. However, if the application was filed with the intent to use the trademark and the applicant has received a notice of allowance, they must file the SOU within six months from the notice's issue date. Failing to submit an SOU can result in the abandonment of the trademark application.
Table of content
Legal Use & context
The Statement of Use is primarily used in trademark law, particularly in the process of registering a trademark with the United States Patent and Trademark Office (USPTO). It applies to applicants who initially filed their trademark application based on an intent to use the mark. The SOU is an essential step in the trademark registration process, ensuring that the trademark is being used in commerce as claimed. Users can manage this process with the help of legal templates available through US Legal Forms, which are designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A company named "GreenTech" files a trademark application for its eco-friendly products under an intent to use basis. After receiving a notice of allowance, GreenTech begins selling its products in various states. Within six months, they submit a Statement of Use to confirm their active use of the trademark in commerce.
Comparison with related terms
Term
Definition
Difference
Statement of Use
A declaration of actual use of a trademark in commerce.
Used after a notice of allowance for intent-to-use applications.
Notice of Allowance
A document issued by the USPTO indicating that a trademark application has been approved for publication.
Precedes the filing of a Statement of Use.
Use-Based Application
An application filed with evidence of actual trademark use.
No SOU required; evidence of use is submitted with the application.
Common misunderstandings
What to do if this term applies to you
If you have received a notice of allowance for your trademark application, it is important to file your Statement of Use within six months. Gather evidence of your trademark's use in commerce and complete the SOU form accurately. You can utilize US Legal Forms to find templates that simplify this process. If you feel overwhelmed or uncertain, consulting a legal professional may be beneficial.
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