TMEP 1109.05: Form of Statement of Use

October 2017 Edition of the TMEP

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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 at http://www.uspto.gov.  When a statement of use is filed electronically, TEAS almost immediately displays a "Success" page that confirms receipt.  This page is evidence of filing should any question arise as to the filing date of the document, and it may be printed or copied-and-pasted into an electronic record for storage.  TEAS also separately sends an e-mail acknowledgement of receipt, which includes a summary of the filed information.

Alternatively, the applicant 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").  The completed form may be mailed, faxed, or hand-delivered 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 a statement of use is filed though 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 electronically or use the USPTO’s pre-printed paper form, the statement of use should be captioned as a "Statement of Use." 37 C.F.R. §2.88(b)(6).  However, this format is not mandatory.  The USPTO will accept and enter a document that meets the minimum filing requirements set forth in 37 C.F.R. §2.88(c), regardless of whether it is properly titled.