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Business Statement of Use

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BUSINESS STATEMENT OF USE

Parties and Recitals

WHEREAS, Business Name: (the "Business") is engaged in lawful commercial activities and holds rights in connection with certain marks, trade dress, services, products, premises or other commercial assets described below; and

WHEREAS, Owner/Authorized Representative: is an authorized representative of the Business and is competent to certify the statements contained in this Statement of Use; and

WHEREAS, the Business desires to declare and certify the nature, scope and date of its use in commerce of the goods, services or assets described in this Statement of Use under penalty of perjury and to provide such information to the recipient identified below.

Business Identification

Statement of Use — Scope and Description

Description of Goods, Services or Assets in Use: Provide a clear, detailed description of the goods, services, trade dress, mark, premises or other commercial asset currently used in commerce.

Date First Use in Commerce (if applicable):    Date First Use Anywhere:

Indicate the nature of the specimen or evidence attached or described:

Payment Terms

Fee or Consideration Amount: $

Late Fee or Interest on Delinquent Payments:

Term and Termination

Effective Date of this Statement:    Expiration or Review Date:

Termination or Amendment: Either party may terminate or request amendment to this Statement upon written notice to the other party. Required notice period (in days):    Reasonable costs incurred prior to termination shall remain payable.

Confidentiality

The parties acknowledge that certain information furnished in connection with this Statement of Use may be confidential. Each party agrees to maintain the confidentiality of non-public information received from the other party, to use such information solely for purposes related to the administration or enforcement of rights described herein, and not to disclose such information to third parties except as required by law or with prior written consent. Confidential information does not include information that is or becomes publicly available through no breach of this provision.

Governing Law and Dispute Resolution

This Statement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law. The parties agree that any dispute arising under this Statement shall be resolved by the courts of that jurisdiction, unless the parties mutually agree in writing to an alternative forum or to binding arbitration.

Representations; Entire Agreement

The Business represents and warrants that the information contained in this Statement is true, complete and accurate to the best of its knowledge, and that the representative signing below is authorized to make this certification on behalf of the Business. This Statement, together with any attachments or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements. No amendment shall be effective unless in writing and signed by both parties.

By signing below, the signatory certifies under penalty of perjury that the facts stated in this Business Statement of Use are true and correct and that the signatory is authorized to execute this Statement on behalf of the Business.

Check to confirm accuracy and authorization: I certify the foregoing is true and accurate and I am authorized to sign.

Additional Notes or Attachments

Business / Party A:

Print Name:

By:

Date:

Recipient / Party B:

Print Name:

By:

Date:

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What a Business Statement of Use Is and when it applies

A Business Statement of Use documents how and when a business places a product, service, trademark, or process into commercial use. Agencies, registries, licensors, or contracting parties sometimes require this signed declaration to confirm active use, to satisfy an intent-to-use filing, or to support licensing and procurement records. The statement typically identifies the business, describes the goods or services in use, supplies the effective use date, and attaches evidence or specimens showing real-world use. It can be submitted on paper or electronically and must be complete and accurate to avoid administrative rejection or later challenge.

Why documenting actual business use matters

A clear Statement of Use establishes factual proof of commercial activity, supports enforcement or registration claims, and reduces later disputes about priority or compliance. Accurate statements speed administrative review, maintain contractual certainty, and preserve legal rights tied to the date and scope of use.

Why documenting actual business use matters

Typical organizations and roles that complete this document

Organizations in many sectors use Statements of Use to document commerce, licensing, or operational authorization before agencies, partners, or courts.

  • Real Estate and Property Managers completing occupancy, leasing, or signage declarations related to property use and vendor roles.
  • Healthcare providers and clinics documenting service offerings or licensed use of software under HIPAA-protected workflows.
  • Financial institutions and corporate legal teams attesting to product deployment, brand use, or regulatory filings.

Responsibility for completing the statement typically falls to an authorized officer, registered agent, or in-house counsel who can attest to the facts and attach supporting evidence.

Core parts of a professional Business Statement of Use

Include standardized sections so reviewers can verify identity, scope, timing, and evidence quickly; consistent structure reduces questions and rejections.

Header

Document title, recipient agency or recipient name, and reference or application number for cross-checking records.

Business Identity

Full legal name, DBA if applicable, business entity type, principal address, and contact information for the signing authority.

Description of Use

Clear description of goods or services in commerce, how they are used, and any limitations or territorial scope of the use asserted.

Effective Date

Exact MM/DD/YYYY date when the product or service was first offered or placed into commerce by the business.

Supporting Evidence

Attach specimens, invoices, photographs, screenshots, or marketing copies showing the mark or service in actual use.

Signature Block

Name, title, printed name of authorized signer, signature date, and any required notarization or witness section.

Stepwise process to complete and sign the Statement of Use

Follow these sequential steps to prepare, verify, sign, and submit a Statement of Use accurately and efficiently.

  • 01
    Collect evidence: Assemble invoices, photos, or screenshots showing the item in commerce.
  • 02
    Populate form: Complete every required field in MM/DD/YYYY and full‑name formats.
  • 03
    Authorize signature: Have an authorized officer review and sign the statement.
  • 04
    Submit: File by the agency method required: electronic portal, mail, or both.

How to set up an online workflow for this statement

A repeatable digital workflow reduces errors and centralizes supporting evidence for future audits or renewals.

Field Configuration
Required Fields Mark legal name, effective date, and signer as required entries
Attachments Limit file types to PDF/JPG/PNG and require specimen description metadata
Signer Roles Assign an authorized signer role and a reviewer role for compliance check
Authentication Enable email or SMS code verification for external signers

Where to file or send a Business Statement of Use

Filing destinations depend on the type of record and the receiving authority; choose the method required by the recipient.

  • Government Registry: Upload directly to the issuing agency's electronic portal when available.
  • Contract Counterparty: Send the signed document to the contracting party's legal or procurement email.
  • Licensing Authority: Follow licensee submission rules, including any attestation forms required by the regulator.
  • Internal Records: Store a certified copy in the corporate records and compliance folder.

Electronic submission and platform considerations

Ensure the platform you choose supports required file formats, authentication, and audit logging for submissions.

  • Formats Supported: PDF, DOCX, JPG
  • Authentication: Email code, SMS, KBA
  • Integrations: CRM, cloud storage, API

Select a platform that preserves a time‑stamped audit trail, secures files in transit and at rest, and can produce a signed certificate for agency or audit requests.

Real-world examples of Statement of Use scenarios

Two practical examples illustrate how statements support filings, contracts, and enforcement.

Small Retailer

A shop documents trademark use on product labels and receipts

  • one specimen attached from online sales
  • The statement supported a registration filing and resolved a later listing dispute by proving continuous commerce through dated invoices and packaging photos.

Software Vendor

A SaaS company shows first paid subscription screenshots and license invoices

  • multiple dated specimens submitted
  • The Statement of Use verified deployment for a reseller contract and clarified territory limitations in the master services agreement.

Security and compliance controls to look for when filing electronically

Encryption: TLS 1.2/1.3; AES-256
Audit Trail: Time‑stamped logs and IP addresses
Certifications: SOC 2 Type II; ISO 27001
HIPAA Support: BAA available when needed
eSignature Laws: ESIGN and UETA compliant
Access Controls: Role‑based access and SSO

Consequences of inaccurate or late Statements of Use

Administrative Rejection: Incorrect filings rejected
Statutory Penalties: Civil fines or sanctions
Tax Penalties: IRC §6721 penalties possible
Privacy Violations: HIPAA or data breach fines
Contract Risk: Contract obligations disputed
Notary Defect: Improper notarization invalidates filing

Common mistakes to avoid when preparing a Statement of Use

  • Submitting incomplete specimens or undated evidence, which often triggers follow‑up requests and processing delays.
  • Using an incorrect entity name or missing DBA disclosure, creating a mismatch with registry records or contracts.
  • Failing to have an authorized signer or using an unauthorized representative without proof of delegation.
  • Overlooking platform authentication and audit trail requirements, which can weaken evidentiary value in disputes.

Typical timing and deadline considerations

Deadlines vary by recipient; plan for preparation time, agency review, and potential extension requests.

First Commercial Use:

Document the exact date of first sale or offering

Agency Filing Window:

File within the period required by the receiving authority

Extension Requests:

Request extensions per the agency's published rules

Response Periods:

Respond promptly to agency inquiries to avoid abandonment

Record Retention Start:

Retention begins from creation or last effective date

Practical tips for accurate and efficient completion

Apply consistent formatting and centralize evidence so future renewals and audits are straightforward.

Standardize specimen labels
Label each specimen with a filename, date, and short description of where and how it was used. Consistent labels reduce reviewer friction and make it easier to locate originals during audits or enforcement actions.
Verify signer authority
Confirm the signer is an officer or agent authorized to bind the business and retain evidence of delegation. If a third-party agent signs, include a power of attorney or corporate resolution to avoid later challenges to the statement's validity.
Keep originals accessible
Store original invoices, contracts, and dated packaging in a secure records system and keep certified copies in a compliance folder. Doing so reduces the time required to respond to discovery or agency verification requests.
Use consistent dates
Record all dates in MM/DD/YYYY format and cross-check specimen dates against invoices and web archives to ensure internal consistency and avoid administrative queries.

eSignature vendor comparison for submitting Statements of Use

Basic platform capabilities and pricing differ; signNow is shown first for comparison. Verify plan details with each vendor before procurement.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7‑day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (premium tiers) Yes (plan dependent) Yes (plan dependent) Yes Limited/varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year limit Varies by plan Varies by plan Varies by plan

Common questions and concise answers

Answers address legal validity, notarization, retention, signer authority, electronic submission, and security considerations.


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