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How do I fill this out?

To fill out this form, gather all required information beforehand. Carefully read each section to understand what details are needed. Follow the prompts to complete the application accurately.

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How to fill out the Allegation of Use Filing Instructions?

  1. 1

    Gather all required information related to your trademark.

  2. 2

    Select the appropriate mark type from the provided options.

  3. 3

    Complete each mandatory field marked with an asterisk.

  4. 4

    Upload the necessary specimen files showing the mark in use.

  5. 5

    Review your application for accuracy before submission.

Who needs the Allegation of Use Filing Instructions?

  1. 1

    Business owners filing for trademark registration.

  2. 2

    Individuals who are required to prove use of a trademark.

  3. 3

    Lawyers specializing in intellectual property law.

  4. 4

    Non-profit organizations working with registered trademarks.

  5. 5

    Entrepreneurs seeking to secure their brand identity.

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What are the instructions for submitting this form?

To submit this form, email it to the USPTO’s designated email address for trademark forms. Alternatively, you can fax the completed form to the provided physical numbers associated with trademark submissions. For physical submissions, send the completed form to the U.S. Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314, ensuring all areas are complete and legible.

What are the important dates for this form in 2024 and 2025?

Important dates for filing this form are critical to ensure compliance and success. In 2024, the filing period opens on April 1st and closes on October 31st. In 2025, applicants should be aware of similar timelines to avoid late submissions.

importantDates

What is the purpose of this form?

The purpose of this form is to legally document the use of a trademark in commerce. Filing an Allegation of Use is essential for applicants who want to bring their mark into active registration status. This ensures that the trademark is protected under U.S. law, preventing unauthorized use by others.

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Tell me about this form and its components and fields line-by-line.

This form includes several components essential for the Allegation of Use process.
fields
  • 1. Serial Number: A required field for the trademark application.
  • 2. Mark Type: Selection of the type of mark being filed: standard, stylized, or sound.
  • 3. Specimen File: An upload section for the document showing the trademark in use.
  • 4. International Class: Identification of the relevant class for goods/services associated.
  • 5. Remaining Goods/Services: Details of what goods/services the mark will cover.

What happens if I fail to submit this form?

Failing to submit this form may result in non-registration of your trademark. Additionally, it could jeopardize your legal rights to the mark. It's imperative to ensure all information is accurately completed prior to submission.

  • Inaccurate Information: Providing incorrect details can lead to cancellation of the trademark.
  • Missed Deadlines: Failing to file on time may result in loss of trademark rights.
  • Specimen Errors: Uploading the wrong specimen can hinder your application process.

How do I know when to use this form?

Use this form when you have a trademark that is actively in use and need to file an Allegation of Use. It is also necessary after receiving a Notice of Allowance to solidify your trademark registration. Careful evaluations should be made to determine its appropriate timing.
fields
  • 1. Trademark Registration: To formally prove your trademark is in use.
  • 2. Response to Office Actions: As a reply to USPTO office actions regarding your mark.
  • 3. Maintaining Trademark Rights: To keep the trademark active and protected.

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Yes, files must not exceed specified sizes based on format.

How will I know my edits are saved?

You'll receive a prompt to download your edited file after completion.

Can I attach multiple files?

You can attach multiple specimens when filing your application.

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