The SOU is the final step in registering your trademark and demonstrating its active use. The USPTO (United States Patent and Trademark Office) wants proof that you’re actually using your trademark in commerce, not just thinking about it. This guide breaks down everything you need to know about the SOU, ensuring your brand is protected and your Amazon business thrives.
What Exactly is a Statement of Use?
Simply put, the SOU is a document you file with the USPTO demonstrating that you’re actively using your trademark with the goods, products, or services you specified in your application. This is especially important if you initially filed an “intent-to-use” application (which is common for new Amazon sellers). The SOU is the final step to officially registering your trademark. You don’t need to file the SOU if you already share it with the USPTO during the registration process for your trademark.
Why This Matters for Your Amazon Business
Amazon Brand Registry Eligibility: A registered trademark is your golden ticket to the Brand Registry. This unlocks powerful tools to combat counterfeits, control your product listings, and access enhanced marketing opportunities.
Legal Protection: A registered trademark gives you the legal muscle to prevent competitors from using a confusingly similar name or logo. It’s your brand’s shield.
Avoid Trademark Abandonment: Missing the SOU deadline can lead to your application being canceled. Don’t let that happen!
Know Your Trademark Class (This is Crucial!)
Trademark classes categorize goods and services. Getting this right is essential. For Amazon sellers, the most common classes fall into two categories:
Product-Based Classes (e.g., Class 25 for apparel, Class 9 for electronics): These cover the actual physical products you sell on Amazon.
Service-Based Classes (e.g., Class 35 for retail/store services): This class is for businesses that primarily sell other people’s products on Amazon (like a general retail store), this is perfect for Amazon sellers who want to sell many types of products, which is the most common choice for our clients.
If you are not sure which class applies to you? Don’t guess! A mistake here can seriously delay your application with extra fees. It’s always best to contact us to know your trademark class.
Gather Your Proof (Specimens)
The type of proof you need depends on your trademark class.
A. Product-Based Trademarks:
You need to show your trademark on the product itself or its packaging.
Example: Selling branded water bottles? Show the bottle with your logo on your Amazon listing, the packaging with the logo, and a sales receipt from Amazon.
B. Service-Based Trademarks:
This is the most common choice for our clients. Here, you need to show your trademark used to advertise your store or services. Examples include:
Amazon Storefront: Screenshots of your Amazon brand page (e.g., “YourBrand Store”) with the trademark in the header or product sections.
Amazon Ads: Sponsored brand ads or display ads featuring your trademark.
Marketing Materials: Social media posts, emails, or flyers promoting your Amazon store.
Example: Running a general retail store on Amazon? Show your Amazon Storefront URL with the trademark, an Amazon Sponsored Brand ad with your logo, and perhaps a social media post promoting your Amazon store.
File Your SOU Correctly (Don’t Miss This!)
Specimens: Submit 1-2 clear examples of your trademark use (as described above).
Dates of Use: Provide the first date you used the trademark anywhere (even a soft launch) and the date you first used it in commerce (your first Amazon sale, for example).
Filing Fee: Pay the required USPTO fee.
Timely Filing: The deadline for filing your SOU is tight, so act quickly once you receive notification
Common Mistakes to Avoid:
Blurry Specimens: Ensure your screenshots are clear and legible, showing both your trademark and the Amazon URL/date.
Mismatched Proof: Selling products? Don’t submit retail service proofs. Match your specimens to your trademark class.
Missed Deadlines: Set reminders! Missing the SOU deadline means starting the entire trademark application process over.
By understanding your trademark class, gathering the right proof, and filing your SOU correctly, you’re securing your brand’s future on Amazon. Ready to take the next step? Contact us today if you need any help with that!
