Allegations of Use for §1(b) Applications

Section 1(b) of the Trademark Act permits the filing of an

application to register a trademark or service mark on the basis of the applicant’s bona

fide intention to use the mark in commerce for the identified goods or services.

See

37

C.F.R. §§2.2(l)

,

2.32(a)(5)

,

2.34(a)(2)

. Before a registration will issue, however, the mark

must be in actual use in commerce on or in connection with all the goods or services

specified in the application and file an allegation of use of the mark in commerce

(i.e., either an amendment to allege use under

15 U.S.C.

§1051(c)

or a statement of use under

15 U.S.C.

§1051(d)

) that states that the mark is in use in commerce on or

in connection with the goods or services, includes dates of use for each class, and

includes one specimen evidencing such use for each class.

See

37 C.F.R.

§2.76

and

TMEP §§1104–1104.11

regarding

amendments to allege use, and

37 C.F.R.

§2.88

and

TMEP §§1109–1109.18

regarding

statements of use.

See

TMEP §1303.01(a)(ii)

regarding an applicant’s bona fide intention to use the mark in commerce for a

collective trademark or collective service mark application,

§1304.02(a)(ii)

regarding an applicant’s bona fide intention

to use the mark in commerce for a collective membership mark application, and

§1306.02(a)(ii)

regarding an applicant’s bona

fide intention to use the mark in commerce for a certification mark application.

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