Preliminary Amendment

(use if you already filed an application not yet examined by the Office or in other rare instances).

You may use this form to:

* Request a change to an application prior to examination; or
* Request a change to an already-examined application, where no other mechanism exists; i.e., no other TEAS form provides the opportunity to propose a change; e.g., amendment of the mark when submitting an Allegation of Use.

Statement of Use/Amendment to Allege Use for Intent-to-Use Application
Use this form only if you have already filed the initial Trademark/Servicemark Application based on an intent-to-use the mark in commerce. Before we will register a mark based upon a bona fide intention to use the mark in commerce (i.e., the applicant has not actually used the mark yet in commerce, but can claim in good faith that it plans to do so later), the applicant must (1) use the mark in commerce; and (2) file an Allegation of Use (Statement of Use/Amendment to Allege Use). The Allegation of Use can only be filed either

• on or before the day the examining attorney approves the mark for publication in the Official Gazette (i.e., on or before the status of the application changes to "Approved for Publication"); or
• on or after the mailing date of the "Notice of Allowance" (i.e., a written notice sent to applicant after the mark is published and the 30-day opposition period expires, signifying that the mark could register after submission of an acceptable allegation of use that includes evidence that the mark has been properly used in commerce). The allegation of use must be filed within the 6-month period after the mailing date of the Notice of Allowance, or within a previously-granted extension period.

Request for Extension of Time to File a Statement of Use
You must file a Statement of Use within six (6) months after the mailing date stamped on the Notice of Allowance (a written notice mailed when the examining attorney approves the mark, signifying that everything is acceptable for registration purposes BUT for the fact that the mark has not yet actually been used in commerce); UNLESS, within that same period, you submit a request for a six-month extension of time to file the Statement of Use. You must file the request within six (6) months after the issue date of the Notice of Allowance, or previously-granted extension period. You may request five (5) extensions of time. No extensions may extend beyond thirty-six (36) months from the issue date of the Notice of Allowance. We must receive the second (2nd), third (3rd), fourth (4th), and fifth (5th) extensions within the previously-granted extension period. Do NOT wait until the request for extension has been granted before filing the next request. You may submit one (1) extension request during the six-month period in which you file the Statement of Use, unless the granting of this request would extend the period beyond thirty-six (36) months from the issue date of the Notice of Allowance.
NOTE: The six-month periods are based solely on the issuance date of the Notice of Allowance, and NOT from the filing date of any extension; i.e., the six-month period following issuance of the Notice of Allowance (or any subsequent six-month extension period) will not be cut short by the grant of an extension.

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Request To Delete Section 1(B) Basis, Intent To Use
Use this form only to delete the Section 1(b) basis for an entire application or an entire class of goods and/or services, and to rely on an alternative, previously-claimed basis for registration. Do not use this form for any of the following:

• To delete the Section 1(b) basis when Section 1(b) is the only basis currently stated in the application;
• To delete the Section 1(b) basis for only some of the goods and/or services within a class. See Preliminary Amendment form.
• To delete goods, services, and/or class(es) from an application. See Preliminary Amendment form.
• To file a request to divide. (You must currently file a paper request.)