Legal Definitions - statement of use

A statement of use is a formal document filed with the U.S. Patent and Trademark Office (USPTO) by an applicant who initially sought to register a trademark based on their intent to use it in commerce. This statement serves as crucial proof that the applicant has actually begun using the trademark for the goods or services specified in their application.

When an applicant files an "intent-to-use" trademark application, they are reserving the right to use a mark they plan to launch. Once the business or product is operational and the trademark is actively being used in connection with those goods or services, the applicant must file a statement of use. This document typically includes:

• The date the trademark was first used anywhere.
• The date the trademark was first used in interstate or foreign commerce.
• Examples (known as "specimens") of how the mark is being used in commerce (e.g., product packaging, website screenshots, marketing materials).
• A verification that the mark is being used on all the goods or services listed in the application.

Filing a statement of use is a mandatory step for an "intent-to-use" application to proceed to final registration.

Here are some examples illustrating a statement of use:

• Example 1: A New Beverage Brand
  A startup company, "Sparkle Drinks LLC," developed a unique sparkling water and filed an "intent-to-use" trademark application for their brand name, "AquaFizz," and its distinctive logo. At the time of filing, they were still finalizing their bottling process and distribution agreements. Six months later, after their first production run was complete and "AquaFizz" sparkling water bottles were being sold in grocery stores across several states, Sparkle Drinks LLC filed a statement of use with the USPTO. They included photographs of the "AquaFizz" bottles with the logo clearly visible on the label, as well as screenshots from their e-commerce website showing the product for sale. This demonstrated that "AquaFizz" was now actively being used in commerce for beverages.
• Example 2: A Digital Service Platform
  "ConnectSphere Inc." planned to launch a new social networking platform specifically for professional artists. They filed an "intent-to-use" application for the platform's name, "ArtLink Pro," and its unique icon, while the platform was still in beta testing. Once "ArtLink Pro" officially launched to the public, allowing artists to create profiles, upload portfolios, and connect with others, ConnectSphere Inc. filed a statement of use. Their filing included screenshots of the "ArtLink Pro" website and mobile app interface displaying the name and icon, along with marketing materials used to promote the live service. This submission proved that the "ArtLink Pro" trademark was actively being used in connection with their online social networking services.