What if I Cannot Respond Online to a Specimen Refusal?

To submit a substitute specimen via regular mail, you may (1) print out this webpage and then in the "Required Statements and Verification" section, enter your application serial number, check the first statement, and then personally sign, date, and print or type the name of the signatory in the declaration appearing below the statement; and (2) include the signed webpage, together with a different specimen showing your mark in actual use in commerce, with your mailed response.

If you do not have an acceptable specimen at this time (but you will have one later), depending on your application status, you may (1) withdraw an amendment to allege use, or (2) amend the application filing basis to intent to use under Section 1(b). In either case, you will be required to submit an allegation of use at a later date, with an acceptable specimen.

To withdraw an amendment to allege use, print out this webpage and then in the "Required Statements and Verification" section, enter your application serial number, check the second statement, and personally sign, date, and enter the printed or typed name of the signatory in the declaration appearing below the statement and mail the signed webpage with your response. To amend to Section 1(b), print out this webpage and then in the "Required Statements and Verification" section, enter your application serial number, check the third statement, and personally sign, date, and enter the printed or typed name of the signatory in the declaration appearing below the statement and mail the signed webpage with your response. Please note that you may not withdraw a statement of use or otherwise convert to an intent-to-use basis.

For more information, see 37 C.F.R. §§2.20, 2.59(a), (b)(1)-(2), 2.76(h), 2.88(g), 2.193(a)(1), (d), (e)(1); TMEP §§611.01(b), 804.01(b), 806.03(c), 904.05, 1104.11, 1109.17.

Required Statements and Verification

Application Serial Number: _____________________

[ ] The substitute specimen was in use in commerce at least as early as the filing date of the application, or prior to the filing of the amendment to allege use, or prior to the expiration of the deadline for filing a statement of use.

[ ] Applicant withdraws the amendment to allege use.

[ ] Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services listed in the application as of the filing date of the application.

The undersigned being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or document or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

_____________________________

(Signature)

_____________________________

(Print or Type Name and Position)

_____________________________

(Date)