What is an Amendment to Allege Use?

An Amendment to Allege Use (AAU) is a filing submitted to the United States Patent and Trademark Office (USPTO) by a trademark applicant to notify the USPTO that the trademark is now being used in commerce. It is typically filed when the applicant initially submitted the trademark application on an intent-to-use basis but subsequently began using the mark in connection with the goods or services listed in the application.

An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.

Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.

Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.