If your specimen was refused because you did not include a verified statement, but is otherwise acceptable, you must submit the required verified statement to overcome the refusal. Your statement must say that your specimen was in actual use in commerce by the applicable deadline:
- For an application: at least as early as the filing date
- For an amendment to allege use (AAU): prior to the filing date
- For an statement of use (SOU): prior to the expiration of the deadline for filing
When this statement is submitted with a signed affidavit or declaration under 37 C.F.R. §2.20, your specimen is considered “verified.” Without it, your specimen generally cannot be accepted, and the USPTO will issue a final specimen refusal.
TEAS instructions for submitting proper verification of your specimen:
To respond a nonfinal Office action, use the "Response to Office Action" (ROA) online form. To respond to a final Office action, use the "Request for Reconsideration after Final Action" online form. The instructions provided in both forms are the same. If you need technical assistance with TEAS, contact TEAS@uspto.gov.
NOTE: The TEAS online form requires two signatures for submitting a verified statement - one in the “Declaration Signature” section and one in the “Response Signature” section. The same individual may not always have the authority to sign in both places.
Once you have opened the appropriate TEAS form:
(1) Answer "Yes" to form wizard questions #3 and #10.
(2) In the "Additional Statement(s)" section, check the box for "miscellaneous statement."
(3) In the free form text field for the "miscellaneous statement," write one of the following statements:
[for an application based on Section 1(a), Use in Commerce] "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application."
[for an AAU or SOU] "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use."
(4) Click the "Continue" button at the bottom of the form.
(5) In the "Signature" section, personally sign both the Declaration Signature and Response Signature.
(6) Click the “Submit” Button.