It’s important to understand that an amendment to allege use is a request to change the basis of your trademark application from intent-to-use to actual use. This means that you are now asserting that you have already used the mark in commerce in connection with the goods or services specified in your application.

To support this assertion, you will need your trademark attorney to provide a properly signed verification or declaration stating that you are the owner of the mark, the mark is in use in commerce, and the dates of first use of the mark anywhere and in commerce. The verification or declaration should also specify the goods or services specified in the application on or in connection with which the mark is in use in commerce. It’s worth noting that only certain individuals are authorized to sign a verification or declaration, so be sure to consult TMEP §611.03(a) for more information on who may sign.

If you’re seeking to amend your trademark, collective mark, or certification mark to allege use, there are certain requirements that must be met in order to have your amendment be considered complete. These requirements are outlined in 37 C.F.R. §2.76(b).

In addition to the verification or declaration, you will also need to provide one specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56. A specimen is a sample of how you are using the mark in commerce, such as a label or packaging for the goods, or a display of the mark in connection with the services. It’s important to make sure that your specimen clearly shows the mark being used in association with the goods or services specified in your application.

Finally, you will need to pay the prescribed fee for each class of goods or services specified in your application. You can find more information on the fees for trademark and service mark applications in 37 C.F.R. §2.6(a).

For trademarks and service marks, a complete amendment to allege use must include:

  1. A properly signed verification or declaration stating that the applicant is the owner of the mark, the mark is in use in commerce, and the dates of first use of the mark anywhere and in commerce. The verification or declaration should also specify the goods or services specified in the application on or in connection with which the mark is in use in commerce.
  2. One specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56.
  3. The prescribed fee for each class.

For collective marks, a complete amendment to allege use must include:

  1. A properly signed verification or declaration stating that the applicant is the owner of the mark, is exercising legitimate control over the use of the mark in commerce, and the mark is in use in commerce. The verification or declaration should also specify the dates of first use of the mark anywhere and in commerce, and the goods or services specified in the application on or in connection with which the mark is in use in commerce.
  2. One specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56.
  3. The prescribed fee for each class.
  4. A statement specifying the nature of the applicant’s control over the use of the mark by the members.

For certification marks, a complete amendment to allege use must include:

  1. A properly signed verification or declaration stating that the applicant is the owner of the mark, is exercising legitimate control over the use of the mark in commerce, and the mark is in use in commerce. The verification or declaration should also specify the dates of first use of the mark anywhere and in commerce, and the goods or services specified in the application on or in connection with which the mark is in use in commerce.
  2. One specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56.
  3. The prescribed fee for each class.
  4. A statement specifying what the applicant is certifying about the goods or services in the application.
  5. A copy of the certification standards governing the use of the certification mark.
  6. A statement that the applicant is not engaged in the production or marketing of the goods or services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant.

It’s important to ensure that you have all of the necessary information and documentation when submitting an amendment to allege use in order to have the best chance of success. If you have any questions about the requirements for a complete amendment to allege use, it’s a good idea to consult with a qualified attorney who can guide you through the process.