Amendment to Allege Use (IP & Technology Glossary)

Summary

If a trademark applicant files an intent-to-use application, he or she may file an amendment to allege use (AAU) before the mark is approved for publication in the Official Gazette. An AAU must include a sworn statement signed by the applicant or an authorized person, one specimen showing use in commerce for each class of goods/services listed in the application, and the required fee. The time period for filing an AAU is important—if an AAU is filed after the mark is approved for publication but before a notice of allowance has been issued, it will be deemed untimely and returned to the applicant.