How to use this checklist

A trademark declaration takes a minute to sign. Whoever signs is swearing, under a warning that cites a federal criminal statute, to facts an examining attorney usually has no way to test. This list is the check that should happen first.

Work through Phase 0 for every filing. Then use the single phase that matches your filing (Phases 1 through 6), and add Phase 7 if the owner is domiciled outside the United States. Finish with Phase 8, signing and records. Phase 9 applies when you find a problem in something already filed.

Mark an item only when someone has seen the underlying record, not when someone says it is fine. The test throughout is the one from In re Bose Corp., 580 F.3d 1240 (Fed. Cir. 2009): fraud requires a knowing, material falsehood and intent to deceive. Good process does not guarantee a true statement. It does make an honest belief easy to prove and makes the error rare. The Board goes further and treats reckless disregard as enough, so assume a signer will be asked what they did before signing.

For the reasons behind each item, read Fraud on the USPTO: How a False Declaration Can Cost You a Trademark Registration. For decision-making when an item fails, use Auditing a Trademark Filing for Fraud Risk and Defending a Fraud Claim: A Practical Guide. The forms to record your work are in the Trademark Fraud Toolkit: Use Audits, Deletion Records, and Pleading Frameworks.

Fee note. Figures below come from the USPTO fee schedule last revised 1 November 2026 and are for electronic filing. Check the current schedule before paying.

Phase 0: Every filing, before anything else

Red flag: You cannot find who filed the prior paper, or the owner email belongs to a filing service you have never spoken with. Stop. Check the record against USPTO sanctions orders before relying on it.

Phase 1: Section 1(a) use-based application

Red flag: Someone proposes to "add these goods now since we will sell them soon." In a use-based application that is a false statement. Medinol Ltd. v. Neuro Vasx, Inc., 67 USPQ2d 1205 (T.T.A.B. 2003), the case behind years of whole-registration losses, was a stents-and-catheters filing with no stents, and although its intent standard has been rejected, the remedy still applies when fraud is proved.

Phase 2: Section 1(b) intent-to-use and Section 44 applications

  • Confirm a real, present plan for each listed good and service. 37 C.F.R. §§ 2.33(b)(2), 2.34(a)(2); 15 U.S.C. § 1051(b). Note: Bona fide intent is measured objectively. Lack of it voids the application. M.Z. Berger & Co. v. Swatch AG, 787 F.3d 1368 (Fed. Cir. 2015).
  • Save dated documents showing the plan. Business plans, supplier quotes, product roadmaps, marketing calendars.
  • Strike "protect the brand in case" goods. The test is intent to use, not a wish to block others. Note: In Hokto Kinoko Co. v. Concord Farms, Inc., 738 F.3d 1085 (9th Cir. 2013), the applicant's lists ran from live fish to bonsai trees and were false, though not fraud on that record. It amended once it realized the error, and still had to defend a fraud counterclaim.
  • For Section 44(e), confirm the foreign registration exists and covers the listed goods, and still confirm bona fide intent to use in the United States. 37 C.F.R. § 2.34(a)(3); 15 U.S.C. § 1126. Note: Do not import a foreign identification wholesale. The oath is about U.S. use. The first Section 8 will require proof.

See also Intent-to-Use Trademark Applications: A Practical Guide.

Red flag: The identification is broader than any product plan the company can produce. Narrow it before signing.

Phase 3: Statement of use and amendment to allege use

  • Audit every good and service in the notice of allowance. 37 C.F.R. §§ 2.76, 2.88. Note: This was the Medinol filing. A statement of use is not a formality that follows from the earlier application; it is a new sworn statement of use.
  • Decide how to handle unused goods: delete, divide, or extend. 37 C.F.R. §§ 2.77(a)(1), 2.87, 2.89. Note: Dividing preserves priority on the unused goods ($100 per new application created). An extension is $125 per class.
  • Do not file until each remaining good is in use. A statement of use cannot be withdrawn once timely filed. 37 C.F.R. § 2.88(f).
  • Confirm first-use dates fall on or before the deadline. 37 C.F.R. § 2.71(c)(2).
  • Capture a real specimen for each class. 37 C.F.R. § 2.56.
  • Consider an insurance extension. If you are unsure the claimed use will pass examination, an extension request can be filed with the statement of use. 37 C.F.R. § 2.89(e).
  • Budget the fee by class. The statement of use fee is $150 per class. 37 C.F.R. § 2.88.

See the Trademark Statement of Use Checklist for the mechanics.

Red flag: The final extension is about to expire and "we can clean up the goods later." After registration, deletion may be free. A challenge may come first, and deletion after a challenge is not a cure (G&W Laboratories, Inc. v. G W Pharma Ltd., 89 USPQ2d 1571 (T.T.A.B. 2009)).

Phase 4: Section 8 declaration of continued use

  • Confirm you are in the window, and sign only inside it. The verified statement must be executed on or after the start of the filing period. 37 C.F.R. § 2.161(a)(2).
  • Confirm the filer is the current owner. 37 C.F.R. § 2.161(a)(1); 15 U.S.C. § 1058.
  • Do not accept the pre-populated goods list. Mark each line in use, not in use, or excusable nonuse, and attach a current, dated record for each. 37 C.F.R. § 2.161(a)(5). Note: Assume an audit. Under the USPTO's post-registration audit program, registrations with several goods in a class can be selected at random, and the owner must then prove use for additional goods.
  • Delete before filing, not after. A delete-only Section 7 amendment before filing the Section 8 has no USPTO fee. Deleting after filing and before acceptance costs $250 per class. 37 C.F.R. §§ 2.161(c), 2.173.
  • Treat discontinued lines as gone. Repair shipments of old units are not use, per the Board in the proceeding reviewed in Bose. Bose excused the signer because no ruling existed at the time. One exists now.
  • Check that the mark in use still matches the registered mark. Torres v. Cantine Torresella S.r.l., 808 F.2d 46 (Fed. Cir. 1986). Note: A redesign may be a material alteration. In Torres, the mark had changed and the old label was attached as though current. See the Rebrand Toolkit.
  • Use a current specimen for each class. Capture it this month. 37 C.F.R. §§ 2.56, 2.161(a)(7).
  • Claim excusable nonuse only with genuine special circumstances. State when use stopped and when it is expected to resume. 37 C.F.R. § 2.161(a)(6)(ii); 15 U.S.C. § 1058(b)(2).
  • On a combined Section 8 and 9, remember the same goods statement carries into the renewal. 15 U.S.C. § 1059. Torres holds that fraud in a renewal is fraud in obtaining a registration.

See the Section 8 Declaration of Continued Use: A Practical Checklist for filing mechanics.

Red flag: Someone wants to keep an unused item because "we might bring it back." That is an email a challenger would love to read. Delete it and refile when plans are real. Compare the executive's email in Weems Industries, Inc. v. Teknor Apex Co., Nos. 24-3608, 25-2956 (8th Cir. July 30, 2026).

Phase 5: Section 15 declaration of incontestability

  • Decide separately whether to file Section 15. It is optional and has its own fee ($250 per class; $575 per class combined with Section 8). 15 U.S.C. § 1065; 37 C.F.R. §§ 2.167, 2.168.
  • Confirm five consecutive years of continuous use for each good listed. 37 C.F.R. § 2.167(c). Note: A good can stay on the registration for Section 8 purposes and still be left out of the Section 15 claim, if its use has had a gap.
  • Search for adverse final decisions. 37 C.F.R. § 2.167(d).
  • Ask the litigators about pending proceedings, in writing. TTAB, district courts, and appeals. 37 C.F.R. § 2.167(e). Note: This is the sentence that was false in Great Concepts, LLC v. Chutter, Inc., 90 F.4th 1333 (Fed. Cir. 2023). A dismissed case with an appeal pending is not finally disposed of.
  • Check TTABVUE and federal dockets independently. Do not rely on memory.
  • If anything is pending, file the Section 8 alone and defer Section 15. You may file within one year after any five-year period of continuous use. 37 C.F.R. § 2.167(f).
  • Have the signer read the two no-proceeding statements. Print them, and do not rely on a template summary. Note: A settlement or an abandoned application is not, without more, an adverse decision or pending proceeding (Residential Energy Services Network, Inc. v. Building Science Institute, Ltd., No. 22-cv-1641 (S.D. Cal. Nov. 21, 2025)). Get advice if close.

Red flag: "Great Concepts says Section 15 fraud can't cost us the registration." It leaves loss of incontestability, a 15 U.S.C. § 1115(b)(1) defense, attorney sanctions, and 18 U.S.C. § 1001. Ninth Circuit law may be different (Robi v. Five Platters, Inc., 918 F.2d 1439 (9th Cir. 1990)). And a false use statement in the Section 8 half of the same form is still fatal.

Phase 6: Section 71 declaration (Madrid registered extensions)

  • Calendar from the date the certificate of extension of protection issued, not the international registration date. 15 U.S.C. § 1141k(a); 37 C.F.R. § 7.37.
  • Treat this as a first use audit. A Section 66(a) registration can issue with no U.S. use, so this may be the first sworn statement of actual use.
  • Check that use is in the United States, or in commerce Congress can regulate, by the holder or a controlled licensee. 15 U.S.C. §§ 1055, 1127.
  • Delete goods not in use before filing. Deletion after filing and before acceptance costs $250 per class. 37 C.F.R. § 7.37(c).
  • Use a U.S.-market specimen. Show the U.S. point of sale, and avoid foreign sites unless they show U.S. sales.
  • Confirm the holder of the international registration is the filer. 15 U.S.C. § 1141k(a).

For background, see Filing an International Trademark Application Under the Madrid Protocol: A Practical Guide.

Red flag: A foreign group's U.S. affiliate says it sells "most" of the listed goods, and the rest of the list came from the home-country registration. Section 71 is where those lists meet the oath.

Phase 7: Foreign-domiciled owners

  • Confirm the owner's true domicile and whether a U.S. attorney is required. 37 C.F.R. § 2.11(a). Note: A U.S. mail drop or registered agent is not a domicile for a company directed from abroad.
  • Verify the U.S. attorney independently. Check the bar listing, speak with the lawyer, and sign an engagement directly. 37 C.F.R. §§ 2.11, 11.14. Note: The USPTO warns of foreign filing firms that pay lawyers to lend their names or use lawyers' information without permission.
  • Confirm that the lawyer personally enters the lawyer's signature, and the owner's signer personally enters theirs. 37 C.F.R. § 2.193(a); TMEP § 611.01(b).
  • Confirm no one else used a USPTO.gov account that is not theirs. USPTO terms of use; 37 C.F.R. § 11.18(b).
  • Answer any Section 2.11(b) inquiry accurately. False information is treated as a paper presented for an improper purpose. 37 C.F.R. § 2.11(e).
  • Translate the declaration if the signer does not read English comfortably. Keep the translation. Note: A signer's language difficulty was no defense in Hachette Filipacchi Presse v. Elle Belle, LLC, 85 USPQ2d 1090 (T.T.A.B. 2007). That case was decided before Bose, but the risk is plain, and a signer who could not read the document is a difficult witness.
  • Expect U.S. jurisdiction. Jekyll Island-State Park Authority v. Polygroup Macau Ltd., 140 F.4th 1304 (11th Cir. 2025), found specific jurisdiction over a foreign registrant based on its U.S. registration activity, including its declarations of use.

Red flag: A vendor offers a filing at a price that assumes no attorney review, says it has "a U.S. attorney on file," or sends you a link to "approve" a form that already has your signature. USPTO sanctions have terminated proceedings in tens of thousands of records tied to such firms, including the Shenzhen Seller Growth Network matter.

Phase 8: Signing and records (every filing)

  • Choose a proper signer. Authority to bind; or firsthand knowledge with authority; or an attorney with a power of attorney. 37 C.F.R. § 2.193(e)(1). Note: Prefer the business person who can check the facts. An attorney's signature binds the client (Look Cycle) and makes the attorney a witness (as in the Chutter record).
  • Give the signer a real packet. Final goods list keyed to proof; specimen with its source; declaration text; for Section 15, the proceedings check.
  • Have the signer confirm in writing what they reviewed. A short email is enough. Note: The Board in Chutter, Inc. v. Great Concepts, LLC, 2021 WL 4494251 (T.T.A.B. Sept. 30, 2021), reversed on other grounds, said a declarant is charged with knowing what is in the declaration.
  • Signer personally enters the signature. No assistant, paralegal, or vendor may enter it. 37 C.F.R. § 2.193(a), (c). Note: If someone else prepares the form, use the emailed signature link, so the signer enters the signature. Include the signer's name and title (§ 2.193(d)).
  • Confirm the submitter's own certification. The person presenting the paper certifies, after reasonable inquiry, that the facts have support. 37 C.F.R. § 11.18(b).
  • File promptly after signature. A stale verification may need replacement. 37 C.F.R. § 2.33(c).
  • Read the filing receipt the same day. If it shows an error, act now. Note: The Board in Chutter relied on the fact that the receipt, with the false sentence, was forwarded to the attorney.
  • File the record. Audit table, proof, specimen source, signer confirmation, receipt. Keep advice separately from the facts. See Attorney-Client Privilege and Work Product for Businesses.

Red flag: Anyone says "just put my name on it." The signature rule has no convenience exception, and the USPTO treats it as substantive. The Director's precedential order in In re Stelcore Management Services, LLC, 2025 Commr. Pat. LEXIS 3 (Dir. USPTO 2025), is the place to start.

Phase 9: If you find a problem after filing

  • Stop, and preserve. Keep the file and records as they are. Do not edit old documents.
  • Get a lawyer involved before anyone writes an explanation. Facts and advice should stay apart.
  • Determine whether anyone has challenged or threatened to challenge the filing. This decides the value of correcting now. Note: Correction before an actual or threatened challenge creates a rebuttable presumption of no intent to deceive: Zanella Ltd. v. Nordstrom, Inc., 90 USPQ2d 1758 (T.T.A.B. 2009); University Games Corp. v. 20Q.net Inc., Opp. No. 91168142 (T.T.A.B. 2008).
  • Pick the right tool. Pending application: amendment (37 C.F.R. § 2.71) or basis change (§ 2.35). Registration: Section 7 deletion (§ 2.173) or correction (§ 2.175). False Section 15: petition to abandon, then refile when true (§ 2.167(j)-(k)). No use at all: new application and surrender (§ 2.172).
  • If a cancellation or opposition is already pending, do not amend or surrender alone. Consent and Board approval or a motion is needed. An unconsented surrender means judgment. 37 C.F.R. §§ 2.133(a), 2.134(a).
  • If an expungement or reexamination is pending, consider deletion. It moots the proceeding as to those goods. 37 C.F.R. § 2.93(d)(3). See the Trademark Expungement and Reexamination Checklist.
  • In an audit, delete everything you cannot prove in the first response. The fee is $250 per class, per occasion. 37 C.F.R. § 2.161(c).
  • If you are named in a show cause order, respond in the period. Provide evidence that you did not participate and that your use is real. Consider a new application at once. 37 C.F.R. § 11.18(c).
  • Log what you did and when. Silence after discovery is itself evidence. Hokto Kinoko shows the value of prompt amendment.

Red flag: The instinct to wait and see. Chutter faulted a registrant for leaving a known falsehood in place for years after it was pointed out. A correction costs little, and silence can cost the case.

This checklist is general information and not legal advice for a specific situation.

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