An amendment to allege use is a sworn statement stating that your trademark is currently used in commerce in connection with the goods and/or services applied for in your trademark application. The amendment to allege use is filed before the publication of your trademark and, at minimum, must include:

  1. The applicable government fee(s);
  2. A specimen showing the mark used in commerce; and
  3. A signed declaration stating that the mark is actually used in commerce.

If your trademark application includes more than one class of goods, the amendment to allege use must allege use in connection with all of your goods and/or services listed in your application.

However, if you have not begun to use your trademark in connection with all of the goods and/or services listed within the application, you may either (i) file a request to divide the application or (ii) cancel the unused classes of goods from the application.

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