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Trademarks are not be allowed registration unless the owner is actually using the Mark in commerce. Unlike a domain name which a person can reserve and maintain ownership of without ever actually using, a trademark owner must use the Mark in commerce. An allegation of use is a sworn statement attesting to use of the mark in commerce.

A proper allegation of use must include a specimen of use showing an actual example of how the mark is used in commerce for each class of goods/services included in the application. An “Amendment to Allege Use” is filed before the examining attorney approves the mark for publication. A “Statement of Use” is filed after issuance of the Notice of Allowance. The Statement of Use and the Amendment to Allege Use include the same information, and differ only as to the their filing time.

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