TMEP 902: Allegations of Use for §1(b) Applications

October 2017 Edition of the TMEP

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902    Allegations of Use for §1(b) Applications

Section 1(b) of the Trademark Act permits the filing of an application to register a trademark or service mark on the basis of the applicant’s bona fide intention to use the mark in commerce for the identified goods or services. See37 C.F.R. §§2.2(l), 2.32(a)(5), 2.34(a)(2). Before a registration will issue, however, the mark must be in actual use in commerce on or in connection with all the goods or services specified in the application and file an allegation of use of the mark in commerce (i.e., either an amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d) ) that states that the mark is in use in commerce on or in connection with the goods or services, includes dates of use for each class, and includes one specimen evidencing such use for each class.

See 37 C.F.R. §2.76 and TMEP §§1104 et seq.regarding amendments to allege use, and 37 C.F.R. §2.88 and TMEP §§1109 et seq. regarding statements of use.

See TMEP §1303.01(a)(ii) regarding an applicant’s bona fide intention to use the mark in commerce for a collective trademark or collective service mark application, TMEP §1304.02(a)(ii) regarding an applicant’s bona fide intention to use the mark in commerce for a collective membership mark application, and TMEP §1306.02(a)(ii) regarding an applicant’s bona fide intention to use the mark in commerce for a certification mark application.