Declaration in Lieu of Oath

Under

35 U.S.C.

§25

,  the USPTO is authorized to accept a declaration under

37 C.F.R. §2.20

or 28 U.S.C. §1746  instead of an oath.  These

declarations can be used whenever the Act or rules require that a document be

verified or under oath.

When the language of

37 C.F.R.

§2.20

or 28 U.S.C. §1746  is used with a document, the document

is said to have been subscribed to (signed) by a written declaration rather than

verified by oath (jurat).

When a declaration is used in lieu of an oath, the party

must include in place of the oath (jurat) the statement that “all statements made of

his/her own knowledge are true and all statements made on information and belief are

believed to be true.”  The language should be placed at the end of the document.

In addition, the declaration must warn the signatory

that willful false statements and the like are punishable by fine or imprisonment, or

both (18 U.S.C. §1001).

35 U.S.C.

§25(b)

.  Trademark Rule 2.20 requires that the warning contain

the additional language that such statements may jeopardize the validity of the

application or submission or any registration resulting therefrom.  A declaration

under

37 C.F.R. §2.20

should read as follows:

Instead of using the language of

37 C.F.R.

§2.20

, an applicant may use the language of 28 U.S.C. §1746,

which provides as follows:

Wherever, under any law of the United States or under

any rule, regulation, order, or requirement made pursuant to law, any matter is

required or permitted to be supported, evidenced, established, or proved by the

sworn declaration, verification, certificate, statement, oath, or affidavit, in

writing of the person making the same (other than a deposition, or an oath of

office, or an oath required to be taken before a specified official other than a

notary public), such matter may, with like force and effect, be supported,

evidenced, established, or proved by the unsworn declaration, certificate,

verification, or statement, in writing of such person which is subscribed by him,

as true under penalty of perjury,

king the same (other than a deposition, or an oath of

office, or an oath required to be taken before a specified official other than a

notary public), such matter may, with like force and effect, be supported,

evidenced, established, or proved by the unsworn declaration, certificate,

verification, or statement, in writing of such person which is subscribed by him,

as true under penalty of perjury, and dated, in substantially the following

form:

(1) If executed outside the United States, its

territories, possessions, or commonwealths: “I declare (or certify, verify, or

state) under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct. Executed on (date).

(Signature)”.

(2) If executed within the United States, its

territories, possessions, or commonwealths: “I declare (or certify, verify, or

state) under penalty of perjury that the foregoing is true and correct.

Executed on (date).

(Signature)”.

NOTE:  A declaration under Title 35 of the United States Code, which

pertains specifically to the USPTO, is preferred to one under 28 U.S.C. §1746,

which is a statute of general application relating to verification on penalty of

perjury.

A declaration that does not attest to an awareness of

the penalty for perjury is unacceptable.

See

35

U.S.C. §25

;

In re Hoffmann-La Roche Inc.

, 25

USPQ2d 1539, 1540-41 (Comm’r Pats. 1992) (failure to include a statement attesting to

an awareness of the penalty for perjury, which is the very essence of an oath, is not

a “minor defect” that can be provisionally accepted under 35 U.S.C.  §26),

overruled on other grounds

,

In re Moisture Jamzz

Inc.

, 47 USPQ2d 1762, 1764 (Comm’r Pats. 1997);

In re Stromsholmens Mekaniska

Verkstad AB

, 228 USPQ 968, 970

(TTAB 1986) .

The signatory must personally sign the signatory's

name.

37 C.F.R. §2.193(a)(1)

. If a submission in the

trademark electronic filing system is signed electronically, the person(s) identified

as the signer(s) must personally enter the elements of the electronic signature

amzz

Inc.

, 47 USPQ2d 1762, 1764 (Comm’r Pats. 1997);

In re Stromsholmens Mekaniska

Verkstad AB

, 228 USPQ 968, 970

(TTAB 1986) .

The signatory must personally sign the signatory's

name.

37 C.F.R. §2.193(a)(1)

. If a submission in the

trademark electronic filing system is signed electronically, the person(s) identified

as the signer(s) must personally enter the elements of the electronic signature.

37 C.F.R.

§2.193(a)(2)

,

(c)(1)

. See

TMEP §611.01(c)

regarding signature

of documents filed through the trademark electronic filing system. A person may not

delegate the authority to sign a declaration, and no person may sign or enter the

name of another.

See

In re Stelcore Mgmt. Servs., LLC

, 2025 Commr. Pat. LEXIS 3, at *5

(Dir USPTO 2025) (sanctions);

In re Zhang

, 2021 Commr. Pat. LEXIS

2, at *10, *13 (Dir USPTO 2021) (sanctions);

In re Dermahose Inc.

,

Ser. No. 76585901, 2007 TTAB LEXIS 25, at *9 (2007);

In re Cowan

,

Reg. No. 1225389, 1990 Commr. Pat. LEXIS 24, at *6 (Comm’r Pats. 1990); see also

TMEP §611.01(b)

regarding improperly

executed signatures and its effect on the validity of an application or

registration.

If a declaration under

37 C.F.R.

§2.20

or 28 U.S.C. §1746  is not dated, the examining attorney

must require the applicant to state the date on which the declaration was signed.

This statement does not have to be verified, and may be entered through a Note to

the File (also referred to as a Public Note or Notation to File) in the record.

See

TMEP

§804.02

regarding the essential allegations required to

verify an application for registration of a mark.