Get the free Statement of Use - Gov.uk

How to fill out statement of use

How to fill out statement of use:

1. Understand the purpose: A statement of use is a legal document that proves your intent to use a trademark in commerce. It is required by the US Patent and Trademark Office (USPTO) when applying for a trademark registration.
2. Gather necessary information: Before filling out the statement of use, make sure you have all the required information, such as the trademark owner's name, address, and contact details, the trademark being used, and the specific goods or services associated with the trademark.
3. Complete the form: Obtain the official statement of use form from the USPTO website. Fill out the form accurately and legibly, providing all the requested information, including the serial number of your trademark application.
4. Describe the trademark: In the statement of use, provide a clear and detailed description of the trademark being used. This description should accurately represent the visual or verbal elements of the trademark.
5. Specify the goods or services: Indicate the specific goods or services for which you are using the trademark. Ensure that the use matches the goods or services that were originally mentioned in your trademark application.
6. Provide the date of use: Enter the date when the trademark was first used in commerce. This date must be the actual date of the first use, not the date of filing the application.
7. Sign and submit the statement of use: Once you have completed the form, sign and date it. Double-check for any errors or omissions before submitting the statement of use to the USPTO.

Who needs a statement of use:

1. Individuals and businesses applying for trademark registration: Anyone seeking to register a trademark with the USPTO for commercial use needs to submit a statement of use. This includes individuals, startups, small businesses, and larger companies.
2. Trademark owners intending to use their mark in commerce: The purpose of filing a statement of use is to demonstrate your intent to use the trademark in commerce. If you have already obtained a trademark registration but have not started using it, you will still need to file a statement of use before the registration can be fully approved.
3. Applicants seeking to maintain their trademark registration: To maintain a trademark registration, periodic statements of use are required to prove continued use of the mark in commerce. Failure to timely file these statements can result in the cancellation of the registration.

Remember, it is recommended to consult with a trademark attorney or seek professional guidance to ensure the accuracy and completeness of your statement of use and trademark registration process.

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What is statement of use?

The statement of use is a document filed with the United States Patent and Trademark Office (USPTO) to demonstrate that the trademark is being used in commerce.

Who is required to file statement of use?

Trademark applicants who have filed an intent-to-use application are required to file a statement of use.

How to fill out statement of use?

The statement of use can be filled out online through the USPTO's website or submitted by mail with the required information.

What is the purpose of statement of use?

The purpose of the statement of use is to show that the trademark is actively being used in commerce in connection with the goods or services listed in the application.

What information must be reported on statement of use?

The statement of use must include a specimen showing the trademark in use, the date of first use in commerce, and a list of the goods or services with which the trademark is used.