An allegation of use is a necessary filing in the prosecution of an intent to use (ITU)

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

application in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

Background

An AOU can come in the form of an

amendment to allege use Amendment to allege use or AAU is a sworn statement signed by an entity wishing to register a trademark or service mark attesting to use of the mark in commerce. With the Amendment to Allege Use, the owner must submit one product specimen that make ...

or a statement of use. In the United States system, a person may file an application for a trademark that the applicant intends to use, but is not currently using in commerce. In order to convert the ITU application into an actual use application, thereby enjoying the full benefit of a U.S. registration, the applicant must file an acceptable AOU within three years of the application clearing examination by the

U.S. Patent and Trademark Office The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...

(USPTO). An acceptable AOU includes a declaration signed by the applicant or his or her representative that states that the trademark is currently in use. The AOU must also include specimens that show the trademark used in

commerce Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...

in connection with the goods or services identified in the application. Once the USPTO accepts an AOU, the application is converted into an actual use registration, with the date of filing of the ITU used as the priority date or the date of first use.

References

Trademark Manual of Examining Procedure §1103
United States trademark law {{US-law-stub