Legal Definitions - allegation of use

An allegation of use is a formal declaration submitted to the U.S. Patent and Trademark Office (USPTO) by a trademark applicant. It serves as proof that the applicant has begun using their trademark in commerce for the goods or services specified in their application. This step is crucial for applicants who initially filed an "intent-to-use" application, as a trademark cannot be fully registered until actual use is demonstrated. The allegation of use typically includes the date the mark was first used, the specific goods or services it identifies, and specimens (samples) showing the mark as it is actually used in the marketplace.

• Imagine a startup called "EcoClean Innovations" that filed an intent-to-use application for the trademark "PureStream" for a new line of water filters. After months of development, they finally launch their filters for sale on their website and through retail partners. To finalize their trademark registration, EcoClean Innovations must submit an allegation of use. This submission would include photographs of the "PureStream" logo on the product packaging, screenshots of their website showing the filters for sale under that name, and a declaration stating the date they first began selling the filters to customers. This proves to the USPTO that the mark is now actively being used in commerce.

• Consider a small bakery, "The Daily Crumb," that wants to trademark the name "Morning Bliss" for a new type of artisanal bread they plan to introduce. They file an intent-to-use application. Once they perfect the recipe and begin selling the "Morning Bliss" bread in their shop and to local grocery stores, they must file an allegation of use. This would involve providing specimens such as photos of the bread's packaging with the "Morning Bliss" label, copies of menus or promotional flyers featuring the bread, and a statement confirming the date they first offered it for sale. These materials demonstrate that the trademark is now in actual commercial use for their baked goods.

• A financial advisory firm, "WealthWise Solutions," files an intent-to-use application for the service mark "FutureSecure Planning" for a new comprehensive financial planning service. After developing their service offerings and marketing materials, they begin providing "FutureSecure Planning" consultations to clients. To complete their trademark registration, WealthWise Solutions would submit an allegation of use. This would include examples of their brochures or website pages describing the "FutureSecure Planning" service, copies of invoices or client agreements that reference the service mark, and a declaration of the date they first began offering the service to clients. This submission confirms the mark is being used in connection with their financial advisory services.