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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.
An AOU can come in the form of an amendment to allege use or a statement of use.In the United States system, a person may file an application for a trademark that the applicant intends to use, but is not currently using in commerce.
The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner. Once the application is filed, it sits in a queue for a few months.
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]
A concurrent use application may not be filed based on a party's intent to use a mark, but must rely on actual use in commerce. [3] The concurrent use application must identify all other parties who are entitled to use the mark, and provide the names and addresses of the parties identified. [4]
The Trademark Official Gazette (TMOG) is a weekly publication of the United States Patent and Trademark Office (USPTO) which publishes newly registered trademarks.Once a trademark application has been examined by a USPTO examining attorney and found to be entitled to registration, it is published in the Official Gazette of the USPTO.
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