T.M.E.P. § 1109.01
Minimum Filing Requirements for a Statement of Use
Executive summary:
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1109.01 Minimum Filing Requirements for a Statement of Use
The minimum requirements that a statement of use must meet before it can be referred to an examining attorney for examination on the merits are:
(1) the prescribed fee for at least one class;
(2) one specimen or facsimile of the mark as used in commerce; and
(3) a verification or declaration signed by the applicant stating that the mark is in use in commerce.
A statement of use that omits the allegation of use in commerce, but asserts a verified date of first use in commerce, may be accepted as substantially in compliance with the minimum filing requirement of 37 C.F.R. 2.88(e)(3) for a verified statement that the mark is in use in commerce. In re Carnicon Development Company, 34 USPQ2d 1541 (Comm'r Pats. 1992); In re Conservation Technology Inc., 25 USPQ2d 1079 (Comm'r Pats. 1992). The examining attorney will require an allegation that the "mark is in use in commerce" during examination. See TMEP §1109.09.
See TMEP §1109.02 regarding review of the statement of use for compliance with minimum filing requirements, and TMEP §1109.06 regarding the necessary elements in a complete statement of use.