Statement of Use Filings for USPTO Trademarks in California
If you filed a trademark application under ‘Intent to Use,’ your work isn’t done. To complete the registration process, you must submit a Statement of Use (SOU) showing that you're actively using the mark in commerce. At SARI LAW FIRM, we help businesses across California properly prepare, file, and finalize their SOUs with the USPTO—so you don’t lose your priority rights or risk rejection.
What Is a Statement of Use?
A Statement of Use is a legal filing submitted to the USPTO to prove that you're now using your trademark in commerce. It’s the final step in converting your Intent to Use (ITU) application into a full federal registration. It must include verified dates of first use; acceptable specimen(s) (photos, labels, product shots, website screenshots); class-by-class declarations; proper signature and legal certification. Filing the SOU incorrectly—or missing the deadline—can result in abandonment of your application.
Timeline & Deadlines
Here’s how it works: 1. USPTO Issues a Notice of Allowance (NOA); 2. You then have 6 months to file the Statement of Use; 3. You may request up to five 6-month extensions (maximum total: 3 years); 4. If no SOU is filed within the allowed time, your application will be abandoned. Note: Each extension requires a sworn declaration that you still intend to use the mark.
Our SOU Filing Services Include
At SARI LAW FIRM, we prepare and file Statements of Use with attention to every legal detail: 1. Specimen Review – Evaluate submitted specimens to ensure they meet USPTO standards; Suggest proper alternatives (product packaging, website screenshots, invoices, etc.). 2. Filing Preparation – Prepare the Statement of Use form for each class of goods/services; Accurately input first use dates; Confirm ownership, mark description, and application data. 3. Submission & Tracking – Electronically file SOU with the USPTO; Submit extensions if client is not ready to file SOU yet; Monitor progress and deadlines to avoid abandonment. We also assist with Amendments to Allege Use (AAU) if you start using the mark before your NOA is issued.
Who Needs This Service?
You likely need an SOU if: You filed your trademark under Intent to Use (Section 1(b)); You received a Notice of Allowance from the USPTO; You need to prove your mark is in active commercial use in the U.S.; You're unsure whether your specimen is acceptable or whether to file an extension. We’ve helped clients in Los Angeles, Irvine, Santa Ana, Riverside, San Diego, Long Beach, and across the state avoid critical mistakes and get their marks fully registered.
FAQ
What if I’m not ready to use the mark yet?
You can file for a 6-month extension. You’re allowed up to 5 extensions total (max 3 years from the Notice of Allowance).
What is a ‘specimen,’ and what qualifies?
A specimen is proof of use in commerce—product labels, packaging, website screenshots, advertising, etc. We review and help you select the right one.
What happens if I miss my SOU deadline?
Your trademark application will be abandoned and you’ll lose your priority date. You would have to start over with a new filing.
What’s the difference between SOU and Amendment to Allege Use?
SOU is filed after the Notice of Allowance. AAU is filed before NOA, if you're already using the mark. Both require specimens and legal declarations.
Can I file my SOU myself?
Yes, but many filings are rejected due to unacceptable specimens, missing declarations, or errors in class listings. We ensure it's done right.
Contact
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