T.M.E.P. § 1109.05
Form of Statement 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.

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1109.05 Form of Statement of Use

To expedite processing, it is recommended that the statement of use be filed through TEAS, available at http://www.uspto.gov/teas/index.html. See TMEP §301 for more information about electronic filing.

Alternatively, the applicant can call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to have a pre-printed form mailed. The completed form may be mailed, faxed, or hand-delivered 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 statement of 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 Office's form, the statement of use should be captioned as a "Statement of Use." 37 C.F.R. 2.88(d).

1109.05(a) Papers Prepared for Filing as an Amendment to Allege Use May Be Filed as a Statement of Use

The United States Patent and Trademark Office ("USPTO") recommends that all statements of use be filed through TEAS. However, papers that were prepared for filing as an amendment to allege use may be filed as a statement of use if the papers are filed at the appropriate time (see TMEP §1109.04) and meet the requirements of 37 C.F.R. 2.88. The applicant may amend the form, as necessary, to eliminate inappropriate language in referring to the goods/services. For example, the applicant can amend an identification referring to "the goods/services identified in the application" to "the goods/services identified in the notice of allowance."

If an applicant is filing a statement of use that was prepared for filing as an amendment to allege use, the applicant should ensure that it is clear that the paper is to be considered a statement of use. The applicant can provide a transmittal letter or cover sheet to clearly identify the paper as a statement of use.

If the statement of use is filed more than one year after the date of execution, the examining attorney will require a substitute verification or declaration under 37 C.F.R. 2.20 stating that the mark is still in use in commerce. 37 C.F.R. 2.88(k); TMEP §804.03.