An amendment to allege use is a sworn statement stating that your trademark is in use in commerce in connection with the goods and/or services 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 declaration stating that the mark is in use 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:

  • (i) file a request to divide the application; or
  • (ii) cancel the unused classes of goods from the application.