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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 makes commercial use of the mark for each class of goods or services included in the application.
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 (USPTO). An acceptable AOU includes a declaration signed by the applicant ...
Once the application is filed, it sits in a queue for a few months. Eventually, a USPTO Trademark Examiner will examine the application according to the rules of the Trademark Manual of Examining Procedure. If the Trademark Examiner identifies problems with the applications, the applicant will be sent a "preliminary rejection."
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
Application: A trademark application is filed after completing a clearance search to identify any potentially conflicting marks. [85] Examination: An examining attorney reviews the application to ensure it meets legal requirements and that the trademark is registrable. The applicant may need to respond to any refusals or objections. [85]
In the United States, an Office action is a document written by an examiner in a patent or trademark examination procedure and mailed to an applicant [1] for a patent or trademark. The expression is used in many jurisdictions. Formally, the "O" is supposed to be capitalized, since it refers to the U.S. Patent and Trademark Office. [2]
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