What is the Purpose of filing a Statement of Use in the trademark process?

Filing a Statement of Use serves a crucial role in the trademark registration process by demonstrating that the applicant is using the trademark in commerce. This requirement is particularly relevant when the initial application is filed based on an intent to use the trademark, rather than actual use at the time of filing. The Statement of Use must show that the trademark has been employed in trade and is associated with the goods or services specified in the application.

This step is essential because it provides evidence to the United States Patent and Trademark Office (USPTO) that the applicant is not merely reserving rights to the trademark, but is actively using it in the marketplace. Failure to file this statement could lead to the abandonment of the application, as the USPTO needs to see that the trademark is more than just an idea or concept and is being utilized in a real commercial context. Thus, it solidifies the grounds for registration by confirming that the mark has a tangible connection to the products or services it represents.