Statement of Use Filings are a legal service that involves submitting documentation to the appropriate government agency to demonstrate that a trademark has been actively used in commerce. The primary purpose of this filing is to maintain the registration of a trademark and prevent it from being canceled due to non-use.
Common elements of a Statement of Use filing typically include a declaration or affidavit signed by the trademark owner attesting to the ongoing use of the mark in connection with specific goods or services. Supporting evidence, such as specimens of use (e.g., product labels, marketing materials, or website screenshots), may also be required to demonstrate the use of the mark in commerce.
Procedurally, Statement of Use filings are often required as part of the trademark registration process, particularly in jurisdictions that mandate proof of use to maintain the validity of a trademark registration. Failure to file a Statement of Use or provide sufficient evidence of ongoing use may result in the cancellation or abandonment of the trademark registration.
While the specific requirements and procedures for Statement of Use filings may vary depending on the jurisdiction and the type of trademark registration, the overarching goal remains consistent: to verify that a trademark is actively used in commerce to distinguish the goods or services of one entity from those of others.
