When filing a Statement of Use, the applicant is instructing the USPTO that he is, in fact, using the trademark in commerce. The USPTO, unfortunately, does not merely take the applicant’s word for it but instead requires a Specimen, or piece of evidence, illustrating the mark’s use in commerce. Depending on the nature of the Goods/Services claimed in the trademark application, different specimens may or may not be acceptable for submission. For example, if the applicant is an accountant who applies for the Trademark “Alpha Time”, one example of an acceptable specimen may be a picture of a page on the Applicant’s website which lists the accounting services (along with various price points) with the name “Alpha Time” at the top of the page.
Trademark Statements of Use
The United States Patent and Trademark Office (USPTO) requires a desired name/logo/slogan to be used in commerce before awarding it trademark rights. In order for the applicant to convey to the USPTO that the trademark does, in fact, meet the Use in Commerce requirement, the applicant must submit a Statement of Use. A Statement of Use is a form provided by the USPTO and may by definition only be completed once the desired trademark is actually being used in commerce. Without the Statement of Use, your mark cannot officially qualify as a trademark.