Trademark/Service Mark Allegation of Use Instructions
This file contains instructions for filing a Trademark or Service Mark Allegation of Use with the USPTO using TEAS. It provides guidelines on when and how to file, including important regulatory references. Completing this form accurately is crucial for the registration process.
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How to fill out the Trademark/Service Mark Allegation of Use Instructions?
1
Gather all necessary information before starting.
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Begin by filling out the Serial Number if required.
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Answer all questions presented in the form.
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Complete all fields marked with an asterisk (*).
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Review and ensure all information is correct before submission.
Who needs the Trademark/Service Mark Allegation of Use Instructions?
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Business owners looking to register a trademark.
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Individuals who have received a Notice of Allowance.
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Applicants intending to show usage of their mark in commerce.
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Legal representatives handling trademark applications.
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Entities needing to amend an intent-to-use application.
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What are the instructions for submitting this form?
To submit this form, complete all required fields and review the information for accuracy. You can submit electronically via the USPTO's TEAS system or mail it to: U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. For any technical assistance, contact teas@uspto.gov. Ensure you receive electronic acknowledgment upon submission. My advice: always double-check the form to prevent errors and possible application delays. Contact the USPTO help desk at 1-800-786-9199 for any queries.
What are the important dates for this form in 2024 and 2025?
Ensure to check the specific deadlines set by USPTO in your Notice of Allowance. Generally, you have six months from the date of the Notice to file the Statement of Use. In 2024 and 2025, verify if any holidays or specific USPTO announcements affect these deadlines.
What is the purpose of this form?
The purpose of the Trademark/Service Mark Allegation of Use form is to provide proof that a trademark or service mark is being used in commerce, which is required for the registration process with the United States Patent and Trademark Office (USPTO). The form is used when an applicant has filed a mark based on intent to use and has since started using the mark in commerce, or when an applicant wishes to amend the filing to allege use before the registration. It ensures compliance with federal trademark laws as outlined in 15 U.S.C. §1051(c) or (d). Filing this form accurately is crucial as it impacts the approval and issuance of the trademark registration. Properly demonstrating the use of the mark in commerce solidifies the applicant's claim to the trademark and helps prevent any legal challenges related to the mark's usage.
Tell me about this form and its components and fields line-by-line.
- 1. Serial Number: Required if completing the Trademark/Service Mark Allegation of Use form, this field captures the unique identifier assigned to the trademark application.
- 2. Request to Divide: A yes/no question to determine if the applicant is filing a Request to Divide as part of the Allegation of Use.
- 3. Applicant's Information: Includes fields for the applicant's name, address, and contact information to verify who is submitting the form.
- 4. Mark Information: Details about the trademark or service mark, such as exact wording, design elements, and any relevant descriptions.
- 5. Goods/Services: A section to describe the goods or services associated with the mark that are now in use in commerce.
- 6. Miscellaneous Statement: Any additional information or statements that support the allegation of use or the amendment to allege use.
- 7. Fee: Information related to the filing fee, including the amount and method of payment.
- 8. Signature: Field for the applicant's or authorized signatory's signature to verify the information provided in the form.
What happens if I fail to submit this form?
Failure to submit this form may result in the abandonment of the trademark application. This can lead to the loss of rights to the trademark or service mark.
- Abandonment of Application: If the form is not submitted, the trademark application may be considered abandoned.
- Loss of Trademark Rights: Failing to demonstrate use in commerce can lead to losing the exclusive rights to the trademark.
How do I know when to use this form?
- 1. Post Notice of Allowance: After receiving a Notice of Allowance, file the form to show the mark is used in commerce.
- 2. Amendment to Allege Use: File the form before the mark is approved for publication to amend intent-to-use basis to actual use.
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