FILING OF STATEMENT OF USE OR ALLEGATION OF USE

A Statement of Use (or Amendment to Allege Use) is a document that needs to be filed with the United States Patent and Trademark Office (USPTO) to notify them that a trademark is actually being used in commerce for the goods and services stated in the trademark application. This filing is a crucial step for intent-to-use application to convert the application into a registered trademark. The Colibri Firm can prepare and file these statements on your behalf by the deadlines set by the USPTO. These filings are necessary for a registered trademark because it is used to prove actual use in connection with the goods and services identified in the application and to finalize the registration.

The key differences between the two filings:   

• Allege of Use: Filed before the trademark application is approved for publication. It is a statement of use or amendment to allege use and a required filing for a Section 1(b) intent to use application.
• Statement of Use: Filed after the trademark application is approved for publication and when a Notice of Allowance is issued. 

 What is required in these filing? 

• Filing fees.
• Declaration: A sworn statement declaring that the trademark is in use. 
• Specimen: A sample of the trademark in use such as product packaging, website screenshot, and marketing material. 
• Dates of Use: The date the trademark was first used anywhere and the date it was first used in commerce.

Deadlines:   

• Amendment to Allege Use: Can be filed any time before the trademark application is approved for publication. 
• Statement of Use: Must be filed within six months of the issuance of the Notice of Allowance (if no extension period has been allowed by the USPTO).