A common law trademark provides limited geographic rights based on use and reputation alone. A federally registered trademark, filed with the USPTO, delivers nationwide enforcement, presumptive ownership in all 50 states, eligibility for statutory damages, and the ability to display the ® symbol for maximum brand protection.
File Statement of Use For Your Trademark
If your application is based on Intent to Use, you will need to submit evidence of using your mark to the USPTO after you receive a Notice of Allowance.
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How to file USPTO Statement of Use ?
1
Provide Evidence of Use
Upload an image showing evidence of your mark being used for your goods or services.
2
Complete Declaration
Confirm that the mark is in use by the owner or an authorized person acting on their behalf.
3
Provide Dates of First Use
Provide the first use date anywhere and the first use date in commerce.
When to File USPTO Statement of Use ?
You need to file the Statement of Use (SOU) once you receive the Notice of Allowance. Make sure to submit it before your six-month deadline to keep your application active.
What’s Notice of Allowance?What Can You Provide for Evidence of Use?
Labels or tags attached to the product showing the trademark prominently displayed.
Not Started Using Your Trademark?
You could file for a Trademark Statement of Use (SOU) Extension. If you need more time to use your mark, develop your product, or start your service, you can apply for an extension. Each extension grants 6 months, and you can request up to five extensions — totaling 30 months (2.5 years) from the date of your Notice of Allowance.
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Extend Your Time!
Up to 5 SOU Extensions
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I have been working with attorney Michael Markos and his team for several years on multiple items. They just helped me again acquire a new trademark. They are punctual and keep your business needs organized with effective follow-up. Couldn’t be more happy.
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I have used Trademarkia for six or seven TM applications. We have been successful with all of them, even getting registrations on ones that started out somewhat doubtful. I have been very happy with my experience and highly recommend them for your TM needs.
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I have been using Trademarkia for three years now. They have helped me navigate the typically confusing TM process with solid guidance and expert advice for protecting my businesses. You can use Trademarkia and get expert, efficient guidance from veteran Trademark lawyers. Highly recommend!
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Select Your Statement of Use Plan
- Watch service bundled • Get free infringement alerts on your mark
- Personalized video advisement from U.S. licensed trademark attorney.
- Google Meet / Zoom video consultation with U.S. licensed attorney.
- Rush Priority • Get free infringement alerts on your trademark.
- Watch service bundled • Get free infringement alerts on your mark
- Personalized video advisement from U.S. licensed trademark attorney.
- Google Meet / Zoom video consultation with U.S. licensed attorney.
- Rush Priority • Get free infringement alerts on your trademark.
FAQ
Frequently Asked Questions
Trademark clarity from trusted U.S. experts.
The USPTO follows the international Nice Classification system, which includes 45 classes: 34 for goods and 11 for services. Selecting the right class or combination of classes is essential. Filing in the wrong class can trigger refusals or restrict your enforcement scope. Our team identifies the precise classes aligned with your offerings.
Yes. Filing across multiple classes broadens your protection and is ideal for brands that sell products and services in different categories. Each class requires a separate USPTO fee and influences your risk profile and maintenance obligations. We craft multi-class strategies for brands planning to scale.
A USPTO examining attorney reviews the application for compliance with federal trademark law. Common refusal reasons include likelihood of confusion with an existing mark under Section 2(d), descriptiveness under Section 2(e)(1), or improper specimens. We structure filings to avoid these issues and respond to Office Actions when necessary.
An Office Action is an official USPTO notice outlining legal or procedural problems. If you fail to respond within the 3 or 6 month deadline, the application is abandoned. Our specialists prepare responses with the right legal arguments, disclaimers, or amended specimens to keep your application active.
Yes. If the abandonment was unintentional, you can file a Petition to Revive within two months of the Notice of Abandonment. The petition requires a sworn statement, the appropriate fees, and proof of continued intent to use the mark. We manage each step to restore your trademark to pending status quickly.
The USPTO does not police your mark. Without active monitoring, infringers can file confusingly similar marks or misuse your brand online. Our monitoring service tracks new USPTO filings, domains, and web use to deliver alerts so you can take swift enforcement action and maintain exclusivity.
Trademarks are transferable assets. A written Assignment Agreement, including the mark's goodwill, must be recorded with the USPTO along with the required cover sheet and fee. We prepare and submit assignment documents to ensure compliant, uninterrupted ownership transfers.
Federal registrations require a Section 8 Declaration between the 5th and 6th year, followed by combined Section 8 and 9 filings every 10 years. Missing a deadline leads to automatic cancellation. We track every milestone and file renewals on time to keep your protection intact.
An Intent-to-Use application lets you reserve a trademark before you enter the market. It locks in your priority date while you prepare to launch. Once your product or service is live, we submit a Statement of Use to finalize registration, ensuring no one else claims your brand name in the meantime.
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