amendment to allege use

AAU — a sworn statement attesting to use of the mark in commerce. The Amendment to Allege Use is signed by the applicant or a person authorized to sign on behalf of the applicant.

An AAU must be submitted with:

  1. The required filing fee for each class of goods/services; and
  2. A specimen showing use of the mark in commerce for each class of goods/services.

An AAU must be filed before the date the examining attorney approves the mark for publication in the Official Gazette. An AAU filed after the mark is approved for publication but before a notice of allowance has been issued (during the “blackout period”) is untimely and cannot be accepted. The Amendment to Allege Use and the Statement of Use include the same information, and differ only as to the time when it is filed.