---
kind: "section"
citation: "37 C.F.R. § 2.33"
title: "37"
number: "2.33"
heading: "Verified statement for a trademark or service mark."
url: "https://uscodex.org/cfr/37/2.33"
---

# §2.33. Verified statement for a trademark or service mark.

- (a) The application must include a verified statement.
- (b)
  - (1) In an application under section 1(a) of the Act, the verified statement must allege:
  - (2) In an application under section 1(b) or 44 of the Act, the verified statement must allege:
- (c) If the verified statement in paragraph [(b)(1)](#b-1) or [(2)](#b-2) of this section is not filed within a reasonable time after it is signed, the Office may require the applicant to submit a substitute verified statement attesting that the mark was in use in commerce as of the application filing date, or the applicant had a bona fide intention to use the mark in commerce as of the application filing date.
- (d) [Reserved]
- (e) In an application under section 66(a) of the Act, the verified statement, which is part of the international registration on file with the International Bureau, must allege that:
- (f) In an application for concurrent use under [§ 2.42](/cfr/37/2.42.md), the verified statement in [paragraph (b)(1)](#b-1) of this section must be modified to indicate that no other person except as specified in the application has the right to use the mark in commerce.

## Notes

### Amendments

[80 FR 33178, June 11, 2015]

### Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

### Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

### Amendments

[80 FR 33178, June 11, 2015]