TMEP 1104.02: Form of Amendment to Allege Use

October 2017 Edition of the TMEP

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1104.02    Form of Amendment to Allege Use

To expedite processing, and ensure that the legal requirements are satisfied, the USPTO recommends that an applicant file an amendment to allege use using the Trademark Electronic Application System ("TEAS") at http://www.uspto.gov.  Alternatively, the owner may call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to obtain a pre-printed paper form ("Trademark/Service Mark Allegation of Use") that may be used to file either a statement of use or an amendment to allege use for a trademark or service mark.  The applicant may mail, fax, or hand-deliver the completed form to the USPTO.  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 through TEAS, payment must be made by credit card, deposit account, or EFT.  Paper forms may be delivered by hand or courier to the Trademark Assistance Center ("TAC"), at James Madison Building, East Wing, Concourse Level, 600 Dulany Street, Alexandria, Virginia.  TAC is open 8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday, except on Federal holidays within the District of Columbia.

If the applicant does not file the amendment to allege use electronically or use the pre-printed paper form designed by the USPTO, the applicant should submit the amendment to allege use in a document separate from other amendments, with the caption "Amendment to Allege Use" appearing at the top of the first page of the document. 37 C.F.R. §2.76(b)(6).  However, this format is not mandatory.  The USPTO will accept and enter any document that includes an amendment to allege use, if it meets the minimum filing requirements set forth in 37 C.F.R. §2.76(c), regardless of whether it is properly titled or includes other amendments.

See TMEP §1104.01 regarding the minimum filing 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 requirements for a complete amendment to allege use.