STATEMENT OF USE
Proof of Commerce Filing
The final step on an intent-to-use application. Get the specimen wrong here and you pay to do it twice.
Overview
A Statement of Use is how an intent-to-use application becomes a registration. You declare the date you first used the mark in commerce, list the goods and services you are actually selling, and submit a specimen showing the mark in real commercial use.
This is where a surprising number of applications stumble at the last hurdle. Specimens get refused because they show a logo printed decoratively across a t-shirt rather than used as a brand, because they are a mock-up rather than a real product, because the screenshot has no URL and no date, or because the mark on the specimen is not quite the mark that was applied for.
Turnaround
Specimen assessed within one business day, filing prepared within three.
Price
$199 + USPTO fee
What is included
Everything in proof of commerce filing
Specimen assessment
We look at what you have before anything is filed and tell you whether it will pass — and what to reshoot if it will not.
Dates of first use
First use anywhere and first use in commerce established correctly, because these dates matter in any later dispute.
Goods reconciliation
If you are not yet selling everything you applied for, the goods you are not selling have to be deleted or divided out. Declaring use across the board when it is not true endangers the whole registration.
Ecommerce specimens
Marketplace and web-page specimens prepared with the URL, date, price and ordering information the USPTO requires to accept a screenshot as evidence of sale.
Service mark specimens
Services need the mark shown in connection with the service being rendered, which is a different standard from goods and is applied strictly.
Filing and follow-through
Filed inside the window, tracked to registration, certificate handled.
How it works
What happens, in order
- 01
Send what you have
Product photos, packaging, listings or screenshots, plus your serial number.
- 02
We review the specimen
Pass or fail, with specific direction on what to change if it fails.
- 03
We prepare the filing
Dates, goods and declaration drafted for your signature.
- 04
We file and track
Submitted, monitored, and your registration certificate handled when it issues.
Questions
Proof of Commerce Filing FAQs
For goods: the mark on the product, its packaging, its labels or tags, or on a point-of-sale display or web page that lets a customer actually order. For services: the mark in advertising or materials that show the service being offered. Mock-ups, invoices alone and decorative usage are all refused.
No. Use in commerce means real sales or transport of the goods. Filing a Statement of Use before that is a false declaration and can invalidate the registration later.
You delete the ones you are not selling, or file a request to divide so the ready goods proceed to registration while the rest stay pending. We will tell you which makes sense.
Ask about Proof of commerce
We reply to every message within one business day. Or email support@trademarkeminence.com.
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