1、 Key time nodes

1. Notice of Allowance (NOA)

After the trademark application is reviewed, USPTO will issue an NOA (Notice of Approval) instead of a direct registration certificate.

The effective date of NOA is the starting time point for submitting SOU.

2. Initial deadline for submitting SOU

SOU and evidence of use must be submitted within 6 months from the date of NOA issuance.

For example, if the NOA date is January 1, 2024, then the SOU deadline is June 30, 2024.

3. Extension of Time

If you are unable to submit the SOU within 6 months, you can apply for an extension of 6 months each time, up to a maximum of 5 applications (total period of 30 months).

Total term: Starting from the NOA date, it can be extended up to 3 years (36 months).

Cost: Each extension requires payment of a fee (current standard is $125 per category, electronic submission).

4. Consequences of Failure to Submit on Time

If the SOU is not submitted before the deadline (including any extensions), the application will be deemed abandoned and the trademark cannot be registered.

2、 SOU submission requirements

1. Evidence of use must prove that the trademark has been actually used in US commerce (covering all categories of goods/services applied for):

Product: Please provide photos of the trademark on the product, packaging, label, or sales scene.

Service: Proof of trademark usage on websites, advertisements, and promotional materials is required.

2. The SOU form (Form 1553) should include:

Trademark use date (first commercial use date and continued use statement).

Use evidence samples (Specimen).

3、 Precautions

1. First use date:It must be submitted earlier than or equal to the SOU submission date, but not earlier than the application submission date (1 (b) the application itself is based on "intended use").

2. Partially Submitted (Divided Application):If only a portion of the goods/services have been used, the application can be split and a SOU can be submitted for the used portion, while the remaining portion will continue to be extended.

3. International applicant:Non US applicants need to submit their SOU through a US practicing lawyer.

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