Legal Definitions - AAU

AAU stands for Amendment to Allege Use.

In trademark law, an Amendment to Allege Use is a formal document filed with the U.S. Patent and Trademark Office (USPTO) by an applicant who initially sought to register a trademark based on an "intent to use." This means they had a genuine plan to use the trademark in the future but had not yet begun doing so when they first applied. Once the applicant actually starts using the trademark in commerce – meaning they are selling goods or providing services under that mark – they must file an AAU. This amendment provides evidence, such as product packaging or advertisements, to demonstrate that the trademark is now actively in use, which is a crucial step toward its final registration.

• Example 1: A New Beverage Company

  A startup beverage company, "Sparkle Drinks," files a trademark application for its unique soda name, "ZestFizz," based on an "intent to use" because their product is still in development. Six months later, after securing bottling partners and launching "ZestFizz" sodas in grocery stores across several states, Sparkle Drinks files an Amendment to Allege Use. They submit photographs of their product cans displaying the "ZestFizz" logo as proof that the trademark is now actively being used in commerce.

• Example 2: A Digital Marketing Agency

  "Innovate Marketing Solutions" plans to offer a new specialized service called "GrowthEngine Analytics." They file an "intent to use" trademark application for "GrowthEngine Analytics" before fully developing the service. Once they finalize the service offerings, create marketing materials, and begin signing clients for "GrowthEngine Analytics," they file an Amendment to Allege Use. They include screenshots of their website's service page and client invoices showing the use of "GrowthEngine Analytics" to demonstrate their commercial use.

• Example 3: A Fashion Designer

  A fashion designer, anticipating a new clothing line, files an "intent to use" application for the brand name "Urban Chic Threads." After the collection is designed, manufactured, and officially launched for sale through their online store and boutique partners, the designer files an Amendment to Allege Use. They provide images of clothing tags, product listings on their e-commerce site, and promotional materials featuring the "Urban Chic Threads" logo as evidence of the trademark's use in commerce.