What is a key element of the Statement of Use?

A key element of the Statement of Use is that it demonstrates that the trademark is in use in commerce. This document is critical for applicants who have filed an intent-to-use application. By submitting the Statement of Use, the applicant must provide evidence that the trademark is being actively used in connection with the goods or services listed in the application. This requirement serves to confirm that the trademark has moved from a mere intention of use to actual usage, which is essential for the trademark to mature into a registered trademark.

The ability to prove actual use is vital because trademarks are intended to protect marks that serve as sources of goods or services in the marketplace. Failing to show this usage may result in the application being rejected. Thus, the Statement of Use is intrinsically linked to the fundamental purpose of trademark law, which is to ensure that trademarks signify source and quality in the marketplace.