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STATEMENT OF USE FILINGS
Statement of Use Filings
Complete Your Trademark Registration
If you filed your trademark application based on intent-to-use, you must submit a Statement of Use before the USPTO will register your mark. This critical filing requires proof that you've begun using the trademark in commerce for the specified goods or services. Yomtobian Law P.C. handles all Statement of Use filings, ensuring proper specimens and timely submission to complete your trademark registration. Attorney Alan Yomtobian guides clients through the Statement of Use process, avoiding common pitfalls that can delay or prevent registration.
What Is a Statement of Use?
A Statement of Use (sometimes called an Allegation of Use) is a sworn declaration filed with the USPTO confirming your trademark is now in use in commerce. If your application was filed under Section 1(b) intent-to-use basis, the USPTO issues a Notice of Allowance after determining the mark is registrable. You then have six months to either:
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File a Statement of Use proving the mark is in use, or
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Request an extension of time to file (up to five extensions for a total of three years)
Without a timely Statement of Use, your trademark application will abandon, and you'll lose your priority filing date.
Statement of Use Requirements
A proper Statement of Use filing must include:
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Declaration of Use - Sworn statement that the mark is in use in commerce
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Date of First Use - When you first used the mark anywhere
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Date of First Use in Commerce - When you first used the mark in interstate commerce
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Specimens - Examples showing the mark used with the goods/services
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Filing Fee - Per class of goods/services
The specimens are crucial—they must demonstrate the mark is actually used as a trademark (brand identifier), not merely ornamental decoration or informational matter.
Our Statement of Use Filing Services
Yomtobian Law manages the entire Statement of Use process, from determining when you're ready to file through specimen selection and document preparation. We ensure your filing meets all USPTO requirements and positions your application for successful registration.
Our services include:
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Use Analysis - Confirming the mark is properly used in commerce
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Specimen Selection - Choosing appropriate specimens for each class
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Date Determination - Establishing accurate dates of first use
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Extension Requests - Filing extensions when needed for additional time
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Document Preparation - Accurate completion of Statement of Use forms
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USPTO Filing - Electronic submission through TEAS system
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Office Action Responses - Addressing any specimen or use objections
Acceptable Specimens for Goods vs. Services
Specimen requirements differ for goods versus services:
For Goods: Acceptable specimens include labels, tags, packaging, containers, product displays, or photographs showing the mark on the goods. For online sales, screenshots of product pages showing the mark associated with the goods for sale.
For Services: Acceptable specimens include advertising materials, brochures, website screenshots, or signage showing the mark used to advertise or render the services. The specimen must show the mark in connection with the service offering.
Timing Your Statement of Use Filing
You should file a Statement of Use only after you've begun bona fide commercial use of the mark. "Token" use, minimal use solely to secure the registration, is not acceptable. The use must be lawful use in the ordinary course of trade.
If you're not yet ready to use the mark, file extension requests to preserve your application. You can request up to five six-month extensions (30 months total) from the Notice of Allowance issue date.
Common Statement of Use Mistakes
Many applicants encounter problems with Statement of Use filings:
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Improper Specimens - Mock-ups, digitally altered images, or specimens not showing trademark use
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Premature Filing - Filing before actual commercial use begins
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Wrong Dates - Inaccurate first use dates that don't match specimens
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Missing Classes - Failing to file for all classes in the application
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Ornamental Use - Specimens showing decorative use rather than source identification
Yomtobian Law avoids these errors by carefully reviewing your trademark use before filing and selecting specimens that clearly demonstrate proper trademark function.
Complete Your Trademark Registration
Your Notice of Allowance means the USPTO has determined your mark is registrable—don't lose that approval by missing Statement of Use deadlines. Let Yomtobian Law P.C. handle your Statement of Use filing and secure your federal trademark registration.
Contact Us to File Your Statement of Use Today
Contact Attorney Alan Yomtobian today to discuss your Statement of Use filing. We'll review your trademark use, select appropriate specimens, and file your Statement of Use promptly.
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