Statement of Use (SOU) Filing Made Easy

A ‘Statement of Use’, sometimes known as SOU is an official statement made to the USPTO from the applicant whereby it is sworn that the trademark-in-question is now used publically and commercially for your business.

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What is a Statement of Use?

A ‘Statement of Use’, sometimes known as SOU is an official statement made to the USPTO from the applicant whereby it is sworn that the trademark-in-question is now used publically and commercially for your business. This statement needs to be filed within six (06) from the date of the Notice of Allowance and this is mandatory before the ‘Intent of Use’ application can proceed to the next step of registration.

More often than not, an SOU is required to be coupled with the following:

  • Applicable Fee
  • One (01) Specimen of the Trademark in Use
  • Signed Statement by the Applicant
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What If Someone Is AlreadyUsing a Similar Mark?

If the trademark search report shows that the mark you wish to use is already in use or substantially similar to the one in use, you may have to consider another one. If you choose to ignore such results, you may face expensive legal consequences. You may be held liable for attorney's fees as well as monetary damages if you go ahead and publish a product with a trademark already in use.

The more famous a trademark is, the higher the chances the trademark holder will care about it being used. A properly done trademark search reduces these risks for a company.

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Frequently Asked Questions.