We will review a timely filed Statement of Use (SOU) form that is timely filed (see below) to determine whether it meets the following minimum requirements:
(1) The fee for at least a single class, required by § 2.6;
(2) One specimen of the mark as used in commerce; (Through link at “specimen,” please watch the news broadcast-style video titled “Specimens” for more information about specimens and how to demonstrate proper use of your mark on or in connection with your goods/services).
(3) A verification or declaration under § 2.20 signed by the owner of the application or a person properly authorized to sign on behalf of the owner stating that the mark is in use in commerce. A person who is properly authorized to verify facts on behalf of an owner is:
- A person with legal authority to bind the owner;
- A person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner; or
- A qualified practitioner who has an actual written or verbal power of attorney or an implied power of attorney from the owner.
If the verification or declaration is unsigned or signed by the wrong party, the applicant must submit a substitute verification on or before the statutory deadline for filing the Statement of Use.
To be considered timely, a Statement of Use must be filed within six months of the issuance date of the Notice of Allowance (NOA), or within a previously granted extension of time to file a Statement of Use. For more information, review the complete timeline for an application based on intent-to-use.
Once it is determined that the Statement of Use is timely and meets the minimum filing requirements, the examining attorney will review the Statement of Use to make sure that it complies with the requirements of the Trademark Act and the rules. For more information, see TMEP §§1109 et seq.
NOTE: To file an SOU, use the Trademark Electronic Application System (TEAS) SOU form.