What is an Allegation of Use?
This is a sworn statement signed by the owner or a person authorized to sign on behalf of the owner, to declare the use of the mark in commerce. An Allegation of Use filed before the mark is approved for publication is called an Amendment to Allege Use and an Allegation of Use filed after the Notice of Allowance is issued is called a Statement of Use. The Allegation of Use must be filed along with, (a) a filing fee of $100 per class of goods or services, and (b) a specimen showing use of the mark in commerce for each class of goods or services listed in the original application.
An Allegation of Use is a sworn statement signed by the applicant or a person authorized to sign on behalf of the applicant (see signature) attesting to use of the mark in commerce. With the Allegation of Use, the owner must submit: • a filing fee of $100 per class of goods/services; and • one specimen showing use of the mark in commerce for each class of goods/services. A form for filing the allegation of use is available at http://www.uspto.gov/teas/index.html. When do I file an Allegation of Use? You may file the Allegation of Use only • on or before the day the examining attorney approves the mark for publication in the Official Gazette (an Allegation of Use filed before the mark is approved for publication is called an Amendment to Allege Use); or • on or after the day the USPTO issues the Notice of Allowance (an Allegation of Use filed after the Notice of Allowance is issued is called a Statement of Use). The Amendment to Allege Use and the Statement of Use include the same infor
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