Allegation of Use Law and Legal Definition

Allegation of use is a sworn statement signed by the applicant, or a person authorized to sign on behalf of the applicant attesting to the use of a trademark in interstate commerce in connection with the goods and services originally filed for. The allegation of use must include one example showing the use of the mark in commerce for each class of goods or services included in the application, and the required fee.

When an allegation of use is filed before the examining attorney approves the mark for publication, it is also called an Amendment to Allege Use (AAU). When an allegation of use is filed after issuance of the notice of allowance, it can be called a statement of use. Both, the AAU and the statement of use will include the same information. It differs only as to the time when filed. An applicant should not file an AAU, 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.