File Trademark Statement Of Use Or Amendment To Allege Use

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An Intent-To-Use (ITU) trademark application need not include any evidence of trademark use at the initial filing. In fact, one of the advantages of an ITU application is that several goods and/or services may be initially identified in the application without providing any specimens or dates of first use (unlike a use-based application).

Evidence of use in commerce may be submitted after the ITU initial filing when the applicant has properly and adequately used the trademark on the goods or services identified in the application.  This subsequent submission of trademark usage has two different names – “Amendment to Allege Use” or “Statement 0f Use” – depending upon the timing of its filing. For purposes of this post, I will refer to both filings generically as the Statement of Use, or simply SOU.

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