How to file a "Allegation of Use" form
Required After "Intent to Use" Trademark Registrations

BACKGROUND:
  • CLICK HERE for an easy to understand explanation of the difference between "Intent to Use" and "Use in Commerce" trademark applications

  • An "Intent to Use" trademark application is approved by the issuance of a "Notice of Allowance" which gives the applicant 6 months from the date of the Notice of Allowance to file an on-line "Allegation of Use" form (aka Statement of Use).

Instructions for Filing
Allegation of Use

You have been directed to this page because the FIU Small Business Clinic has prepared the "Allegation of Use" form (aka "Statement of Use") and saved it as a digital file (with an "OBJ" extension).  Save the OJB file to your hard drive

To prepare and submit CLICK HERE to go the on-line form .
  • If you don't have a personal account you must create one.  Click the link "Create a USPTO.gov Account" then follow the instructions to create the new account then log-in

  • If you already have a personal USPTO account simply log in
Once you have logged-in and you have the actual form on your screen click the "Choose File" button on the bottom of the page then navigate to the directory on your hard drive where you saved the OBJ file . . . select the OBJ file with your mouse then click the "Continue" button on the bottom of the page.

Now all you need to do is to navigate to the page where you will enter your electronic signature.  On each page click "CONTINUE" at the bottom to go to the next page.  Do this until you get to the signature page.

Once you are at the signature page do the following:
  • Click all five of the boxes in the "Declaration" section

  • In the "signature" box type your name as shown in the following example: "/Jane Doe/" (without the quotes)

  • Enter the date in the "date signed" box

  • At the bottom click the "Validate" button.  This will take you to the final page where you can click the "Submit" button at the bottom to submit the form to USPTO.  You will then be prompted to enter your credit card information (the filing fee is $100).