What is the difference between a Statement of Use and an Amendment to Allege Use?

The primary difference between a Statement of Use (SOU) and an Amendment to Allege Use (AAU) is the stage of the trademark application process at which each document is filed. Both filings serve the same purpose: they provide evidence that the trademark is being used in commerce.

An Amendment to Allege Use (AAU) is filed before the trademark application is approved for publication. It allows the applicant to demonstrate use of the trademark in commerce while the application is still being examined by the USPTO.

A Statement of Use (SOU) is filed after the USPTO has approved the application, published the mark, and issued a Notice of Allowance. It confirms that the applicant has begun using the trademark in commerce and wishes to proceed toward registration.

An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.

Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.

A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.