[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.33]

[Page 245-246]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 2_RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.33  Verified statement.

    (a) The application must include a statement that is signed and 
verified (sworn to) or supported by a declaration under Sec. 2.20 by a 
person properly authorized to sign on behalf of the applicant. A person 
who is properly authorized to sign on behalf of the applicant is:
    (1) A person with legal authority to bind the applicant; or
    (2) A person with firsthand knowledge of the facts and actual or 
implied authority to act on behalf of the applicant; or
    (3) An attorney as defined in Sec. 10.1(c) of this chapter who has 
an actual or implied written or verbal power of attorney from the 
applicant.
    (b)(1) In an application under section 1(a) of the Act, the verified 
statement must allege:

That the applicant has adopted and is using the mark shown in the 
accompanying drawing; that the applicant believes it is the owner of the 
mark; that the mark is in use in commerce; that to the best of the 
declarant's knowledge and belief, no other person has the right to use 
the mark in commerce, either in the identical form or in such near 
resemblance as to be likely, when applied to the goods or services of 
the other person, to cause confusion or mistake, or to deceive; that the 
specimen shows the mark as used on or in connection with the goods or 
services; and that the facts set forth in the application are true.

    (2) In an application under section 1(b) or section 44 of the Act, 
the verified statement must allege:

That the applicant has a bona fide intention to use the mark shown in 
the accompanying drawing in commerce on or in connection with the 
specified goods or services; that the applicant believes it is entitled 
to use the mark in commerce; that to the best of the declarant's 
knowledge and belief, no other person has the right to use the mark in 
commerce, either in the identical form or in such near resemblance as to 
be likely, when applied to the goods or services of the other person, to 
cause confusion or mistake, or to deceive; and that the facts set forth 
in the application are true.

    (c) If the verified statement is not filed within a reasonable time 
after it is signed, the Office may require the applicant to submit a 
substitute verification or declaration under Sec. 2.20 of the 
applicant's continued use or bona fide intention to use the mark in 
commerce.
    (d) Where an electronically transmitted filing is permitted, the 
person who signs the verified statement must either:
    (1) Place a symbol comprised of numbers and/or letters between two 
forward slash marks in the signature block on the electronic submission; 
or
    (2) Sign the verified statement using some other form of electronic 
signature specified by the Director.
    (e) In an application under section 66(a) of the Act, the verified 
statement is part of the international registration on file at the 
International Bureau. The verified statement must allege that:
    (1) The applicant/holder has a bona fide intention to use the mark 
in commerce that the United States Congress can regulate on or in 
connection with the goods/services identified in the international 
application/subsequent designation;
    (2) The signatory is properly authorized to execute this declaration 
on behalf of the applicant/holder;
    (3) The signatory believes the applicant/holder to be entitled to 
use the mark in commerce that the United States Congress can regulate on 
or in connection with the goods/services identified in the international 
application/registration; and
    (4) To the best of his/her knowledge and belief, no other person, 
firm, corporation, association, or other legal entity has the right to 
use the mark in

[[Page 246]]

commerce that the United States Congress can regulate, either in the 
identical form thereof or in such near resemblance thereto as to be 
likely, when used on or in connection with the goods/services of such 
other person, firm, corporation, association, or other legal entity, to 
cause confusion, or to cause mistake, or to deceive.

[64 FR 48918, Sept. 8, 1999, as amended at 67 FR 79522, Dec. 30, 2002; 
68 FR 55762, Sept. 26, 2003]