Trademark Allegation Of Use

A trademark Allegation of Use, also known as a Statement of Use, is one of the components of trademark registration. Typically, the registration of a trademark does not occur until the Allegation of Use is filed. The Allegation of Use is basically a demonstration to the US Patent and Trademark office that the trademark you are registering will be used in commerce.

There are minimum filing requirements that are needed for one to file an allegation of use. One of these is the Allegation of Use form, which is usually signed online and then sent to the US Patent and Trademark office. Usually, one has to pay a certain fee for this.

In addition to that, a specimen of the trademark has to be filed with the Patent Office as well. Usually, there are guidelines which determine how the specimens have to be submitted, as well as the information needed to accompany the specimen.

One other document that has to be signed is a declaration, usually signed by the owner of the application or a party that is authorized to do it on behalf of the owner. The declaration states that the trademark being filed will be used in commerce.

In case an individual other than the owner is authorized to sign the declaration, they need to meet certain criteria including having legal authority to bind the owner, should have firsthand information about the implications of such authority and should be a qualified practitioner who has power of attorney from the owner.