A special filing sometimes used for Intent to Use registrations in which the applicant amends the application to allege that the mark has in fact been used in commerce. The Amendment to Allege Use may be filed with the U.S. Patent and Trademark Office (USPTO) any time after filing the Intent to Use application, but before the USPTO sends a Notice of Publication stating that the Trademark Examiners have approved the mark and will publish it in the Official Gazette. Once publication occurs, the applicant must wait until after a Notice of Allowance issues from the USPTO before submitting a Statement of Use. A Statement of Use serves essentially the same purpose as the Amendment to Allege Use, except that the former cannot be filed before the Notice of Allowance, and must be filed within six months thereof. The USPTO requires an additional filing fee to submit either an Amendment to Allege Use or a Statement of Use.
