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Understanding the Amendment to Allege Use in Trademark Law
Definition & Meaning
An amendment to allege use (AAU) is a formal declaration made by a trademark applicant or an authorized representative. This document affirms that the trademark is actively being used in commerce. To complete the AAU, the owner must provide at least one specimen demonstrating the trademark's use for each category of goods or services included in the application. Additionally, the required filing fee must be paid. It's important to file the AAU before the examining attorney approves the trademark for publication. However, applicants should refrain from submitting an AAU between the approval date and the issuance of the notice of allowance.
Table of content
Legal Use & context
The amendment to allege use is primarily used in trademark law. It serves as a critical step for applicants who have not yet used their trademark in commerce but wish to secure their rights. This process is relevant in various legal contexts, particularly in intellectual property law. Individuals can often manage this process themselves using legal templates provided by services like US Legal Forms, which are designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A small business owner applies for a trademark for their unique coffee blend. They have not yet sold the product but plan to launch it soon. To secure their trademark rights, they file an AAU, including a label design as a specimen and the required fee, affirming their intent to use the trademark in commerce.
Comparison with related terms
Term
Definition
Key Differences
Statement of Use
A declaration that a trademark is in use in commerce.
Filed after the notice of allowance, unlike the AAU.
Intent to Use Application
A trademark application filed based on the applicant's intent to use the trademark in the future.
Does not require proof of use at the time of filing, unlike the AAU.
Common misunderstandings
What to do if this term applies to you
If you need to file an amendment to allege use, start by gathering the necessary information and documents, including your sworn statement and specimen. You can use legal templates from US Legal Forms to assist with the filing process. If you find the process overwhelming or complex, consider consulting a legal professional for guidance.
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