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Allegation of Use

If you file based on Section 1(b), intent to use, you must file an allegation of use form (statement of use/amendment to allege use), including the required fee, before a registration may issue.  This is a required filing even if you were using the mark before the filing date of the application.   If, in fact, proper use has been made before the filing date of the application, then you should select the Section 1(a), use in commerce, basis, and attach your specimen showing use of the mark.  Please consider watching the specimen instructional video before selecting the filing basis for your application.

United States Patent and Trademark Office
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Last Modified: 4/11/2011 1:20:49 PM