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 that the Notice of Allowance was issued to file an on-line "Allegation of Use" form.
Instructions for Filing
Allegation of Use
- NOTE: FIU's Small Business Legal Clinic has been discontinued (as of May 2026) and no longer provides assistance to clients. Former clients wishing to file an Allegation of Use form can follow the instructions contained on this page. Otherwise, there are many trademark attorneys that can provide assistance. A good way to find some of them might be to do a Google search for something like "affordable trademark attorneys in Miami"
- To prepare and submit the form on your own without an attorney Go to the form on the USPTO website and log-in. If you don't have a personal account you must create one. After clicking the link click "Create a USPTO.gov Account" then follow the instructions to create the new account then log-in
- Once you have logged-in and you have the actual form on your screen enter your trademark application's "serial number" (which you can find on the receipt that was emailed to you when you first filed your trademark application).
- Nothing else needs to be done on that page. Click "continue" on the bottom.
- On the next page follow the instructions to upload the digital images ("specimens").
CLICK HERE for a tutorial on how to create specimens