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Allegation of Use: Key Insights into Trademark Applications
Definition & Meaning
An allegation of use is a formal statement made by an applicant, or someone authorized to act on their behalf, confirming that a trademark is being used in interstate commerce related to the goods or services specified in their trademark application. This statement must include at least one example of how the trademark is used for each category of goods or services listed in the application, along with the required fee.
If the allegation of use is submitted before the examining attorney approves the trademark for publication, it is known as an Amendment to Allege Use (AAU). Conversely, if it is filed after a notice of allowance has been issued, it is referred to as a statement of use. While both documents contain similar information, they differ in their timing of submission.
Table of content
Legal Use & context
The term "allegation of use" is primarily used in trademark law and is relevant in the process of registering a trademark with the United States Patent and Trademark Office (USPTO). It is essential for applicants to demonstrate that their trademark is actively used in commerce, which is a requirement for maintaining trademark rights.
Individuals or businesses seeking to register a trademark can utilize legal forms available through platforms like US Legal Forms to assist in drafting and filing an allegation of use. This process can often be managed without legal representation, provided users have access to the right resources.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company that sells handmade jewelry files an allegation of use, providing a photo of their products with the trademark displayed on their website, demonstrating use in interstate commerce.
Example 2: A software developer submits an allegation of use after receiving a notice of allowance, including screenshots of their software in use, along with customer testimonials as evidence of commerce. (hypothetical example)
Comparison with related terms
Term
Definition
Difference
Amendment to Allege Use (AAU)
A submission made before the approval of a trademark for publication.
Filed before approval, while an allegation of use can be filed after notice of allowance.
Statement of Use
A submission made after a notice of allowance to confirm use of the trademark.
Filed after notice of allowance, while an AAU is filed earlier in the process.
Common misunderstandings
What to do if this term applies to you
If you need to file an allegation of use, start by gathering evidence of your trademark's use in commerce. This may include product labels, advertisements, or website screenshots. Ensure you have at least one example for each class of goods or services listed in your application.
You can use legal form templates from US Legal Forms to assist with the filing process. If you find the process complex or have specific legal questions, consider consulting a legal professional for tailored advice.
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