T.M.E.P. § 1104.02
Form of Amendment to Allege 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.
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1104.02 Form of Amendment to Allege Use
To expedite processing, the Office recommends that an applicant file an amendment to allege use through TEAS, available at http://www.uspto.gov/teas/index.html. See TMEP §301 for more information about electronic filing. Alternatively, the owner can call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to obtain a pre-printed form that can be used to file either a statement of use or amendment to allege use ("Trademark/Service Mark Allegation of Use"). The applicant may mail, fax or hand-deliver the completed form to the Office. If the form is faxed, it must be accompanied by an authorization to charge the filing fee to a credit card or deposit account. The credit card authorization form is available at http://www.uspto.gov/web/forms/2038.pdf. If the amendment to allege use is filed though TEAS, payment must be made by credit card, deposit account or EFT.
If the applicant does not file electronically or use the form designed by the Office, the applicant should submit the amendment to allege use in a document separate from other amendments, with the title "Amendment to Allege Use" appearing at the top of the first page. 37 C.F.R. 2.76(d). However, this format is not mandatory. The Office will accept and enter any paper that includes an amendment to allege use if it meets the minimum filing requirements set forth in 37 C.F.R. 2.76(e), regardless of whether it is properly titled or includes other amendments. The Office will process the form even if it is captioned as a "Statement of Use," as long as it is filed before the examining attorney approves the mark for publication.
See TMEP §1104.01 regarding the minimum requirements that must be met before an amendment to allege use can be referred to an examining attorney for examination, and TMEP §1104.08 regarding the necessary elements in a complete amendment to allege use.