File a Statement of Use (SOU) or Allegation of Use (AOU) in one class for $325 + $275 for each additional class (government fees included).
Arriving at this stage of the application process is huge step. It means that the examining attorney has found that your mark is not likely to be confused with other marks, nor should it be denied registration for other reasons. You should be excited because your mark has a good chance of registering once you submit an acceptable statement of use.
What’s an SOU/AOU, why is it required, what’s an acceptable specimen, and when is it due?
To verify that your trademark is being used in commerce for all the products and services listed in your application, you must submit a sworn declaration called the SOU/AOU. This statement must include the date of first use anywhere and in commerce, and be accompanied by a “specimen of use” within six months of the Notice of Allowance.
An SOU provides a genuine example of how you use your trademark in commerce for your goods or services, you must submit a specimen that is not a mock-up, altered image, rendering of intended packaging, or a draft of a website. The specimen should display your trademark used with the goods or services listed in your application, in a way that directly associates the mark with the goods or services.
It is important to ensure that the trademark is used in a way that consumers would perceive it as a source indicator for the goods or services in your application. The specimen should also be an appropriate type based on whether you have goods or services. For example, advertising material is an acceptable specimen for services, but not for goods.
Furthermore, the submitted specimen must depict the same trademark as shown in your drawing, and it should be your use of the trademark, not someone else’s use. You must also include the URL and date you accessed or printed the webpage in your submission.
For goods, acceptable specimens of use include labels, packaging, stickers, tags, instruction manuals, photographs of the product, and point of sale displays. For services, acceptable specimens include screenshots of your website, business cards, advertising material, brochures, menus, and photographs of the front of your physical business.
The specimen must be attached as JPG files of up to 5 megabytes or PDF, WAV, .WMV, .WMA, .MP3, .MPG, or .AVI files of up to 30 megabytes.
If you cannot submit your Statement of Use within the initial six-month period, you can request up to five six-month extensions by paying a fee. However, if you fail to file the statement or request an extension on time, your application will be abandoned. By requesting extensions, you can extend the time to submit your SOU by up to two and a half years from the Notice of Allowance.
