T.M.E.P. § 1103
Allegations of Use

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§1102.04) | Next Section (§1104)

1103 Allegations of Use

While §1(b) of the Trademark Act provides for filing an application based on the applicant's bona fide intent to use the mark in commerce, registration cannot be granted until the applicant files an allegation of use (i.e., either an amendment to allege use under §1(c) of the Act or a statement of use under §1(d) of the Act). The allegation of use must include verified dates of first use (see TMEP §903) , and a specimen of use for each class of goods or services (see TMEP §§904 et seq.).

The allegation of use can be filed electronically using the Trademark Electronic Application System ("TEAS"), available at http://www.uspto.gov/teas/index.html. See TMEP §301 for additional information about electronic filing. Alternatively, the owner can call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to obtain a form ("Trademark/Service Mark Allegation of Use") that can be used to file either an amendment to allege use or a statement of use via mail, fax or hand delivery.

The principal difference between the amendment to allege use and the statement of use is the time of filing. The amendment to allege use may be filed after the application filing date but before approval of the mark for publication. 37 C.F.R. 2.76(a); TMEP §1104.03. If the applicant does not file an acceptable amendment to allege use during initial examination or if an amendment to allege use is filed and withdrawn, and the Office issues a notice of allowance under 15 U.S.C. 1063(b)(2) (see TMEP §§1106 et seq.), the applicant must file a statement of use within six months of the mailing date of the notice of allowance, or within an extension of time granted for filing of the statement of use. 15 U.S.C. 1051(d). See TMEP §§1109 et seq. regarding statements of use.

The applicant may not file the allegation of use after approval of the mark for publication and before issuance of the notice of allowance. 37 C.F.R. 2.88(a); TMEP §1104.03.