allegation of use

A sworn statement attesting to use of the mark in commerce. For each class of goods/services included in the application the allegation of use must include a specimen showing use of the mark in commerce and the required fee. The allegation of use is signed by the applicant or a person authorized to sign on behalf of the applicant.

If filed before the examining attorney approves the mark for publication, the allegation of use is called an Amendment to Allege Use. If filed after issuance of the Notice of Allowance, the allegation of use is called a Statement of Use. The Amendment to Allege Use and the Statement of Use include the same information, and differ only as to the time when filed. The applicant may not file either an Amendment to Allege Use or a Statement of Use between the date the examining attorney approves the mark for publication and the date of issuance of the notice of allowance.