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amendment to allege use

Amendment to allege use or AAU is a sworn statement signed by an entity wishing to register a trademark or service mark attesting to use of the mark in commerce. With the amendment to allege use, the owner must submit one product specimen that makes commercial use of the mark for each class of goods or services included in the application.

Amendments to allege use were first created by the Trademark Law Revision Act of 1988, which amended the Lanham Act.Patent and Trademark Office Notices, Official Gazette, 21 November 1989, [https://books.google.com/books?id=xnbSuWs8hp4C&pg=RA44-PA7 p 7]

The United States Patent and Trademark Office originally assumed there would be an amendement to allege use in 50% of cases.I Fred Koenigsaberg (chairman). [https://books.google.com/books?id=Y31PAAAAMAAJ How to Handle Basic Copyright and Trademark Problems 1992]. Practising Law Institute. 1992. p 735. Celedonia, Newbury and Pretty (co-chairs). [https://books.google.com/books?id=mJhBAQAAIAAJ Understanding Basic Trademark Law 1995]. Practising Law Institute. 1995. p 203. (1990) [https://books.google.com/books?id=cAQnAQAAMAAJ PTC Newsletter], p 5. In the financial year of 1991, there was an amendement to allege use in 2.9% of cases.(1992) [https://books.google.com/books?id=BJM4AQAAIAAJ 82] The Trademark Reporter 453 In 1992 and 1993, it was reported that there was an amendement to allege use in 5% of cases. The IPL Newsletter of the American Bar Association expressed approval for the low number of amendments to allege use.(1992) [https://books.google.com/books?id=3YtCAQAAIAAJ AIPLA Bulletin] 217; (1993) IPL Newsletter [https://books.google.com/books?id=_oJCAQAAIAAJ] [https://books.google.com/books?id=ZPEmAQAAMAAJ]

As of 2018, most amendments to allege use are sent to the United States Patent and Trademark Office by the Trademark Electronic Application System.Deborah E Bouchoux. Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets. Fifth Edition. Cengage Learning. 2018. [https://books.google.com/books?id=-u25DQAAQBAJ&pg=PA82 p 82].

Amendement to allege use were criticised by the IPL Newsletter.(1993) IPL Newsletter [https://books.google.com/books?id=_oJCAQAAIAAJ] [https://books.google.com/books?id=ZPEmAQAAMAAJ]

See also

References

=Bibliography=

  • Steven H Bazerman and Jason M Drangel. Guide to Registering Trademarks. Wolters Kluwer. 2023. [https://books.google.com/books?id=Vj5ZBOAmL_oC&pg=PR1 2023-1 Supplement]. Passim.
  • Jerome Gilson. Trademark Protection and Practice. Matthew Bender. 1991. [https://books.google.com/books?id=j7s2AQAAIAAJ Volume 2]. Passim.
  • Celedonia, Newbury and Pretty (co-chairs). Understanding Basic Trademark Law 1995. Practising Law Institute. 1995. Passim. [https://books.google.com/books?id=mJhBAQAAIAAJ Google]. See also other annual editions.
  • Kera and Davis. Trademark Law Handbook 2001. INTA. 2001. Pages 35, 75 and 76. [https://books.google.com/books?id=saRBAQAAIAAJ Google]
  • Richard Stim. Trademark Law. West Legal Studies, Delmar, Thomson Learning. 2000. Pages 96, 102, 103, 108, 199, 203 and 277. [https://books.google.com/books?id=jZNBAQAAIAAJ Google]
  • Siegrun D Kane. Trademark Law: A Practitioner's Guide. [https://books.google.com/books?id=cKJBAQAAIAAJ Third Edition]. Practising Law Institute. 1997.
  • Phillip H Smith. Intent-to-use Trademark Practice. Bureau of National Affairs. 1992. Passim. [https://books.google.com/books?id=N9xUAAAAMAAJ Google]
  • Stephen Elias and Richard Stim. Patent, Copyright & Trademark. [https://books.google.com/books?id=iG4YAAAAIAAJ Fourth Edition]. Nolo. 2001. Page 381.
  • Henri Charmasson. Patents, Copyrights and Trademarks For Dummies. Wiley. 2004. Page 267. [https://books.google.com/books?id=lENaAAAAYAAJ Google].
  • Richard Dannay. Copyright and Trademark Law for the Nonspecialist: Understanding the Basics: 2004. Practising Law Institute. 2004. Pages 258, 270, 280, 284 and 286. [https://books.google.com/books?id=TllBAQAAIAAJ Google]
  • Graeme B Dinwoodie and Mark D Janis. Trademarks and Unfair Competition: Law and Policy. [https://books.google.com/books?id=ZFFPAQAAIAAJ Second Edition]. Aspen Publishers. 2007. Pages 242 to 244.
  • Trademarks, Copyrights, and Unfair Competition. ALI-ABA Course of Study. 1989. Pages 9, 19 and 41. [https://books.google.com/books?id=5YlBAQAAIAAJ Google]
  • American Jurisprudence Pleading and Practice Forms Annotated: State and Federal. 2002 Revision. West Group. [https://books.google.com/books?id=CYtFAQAAIAAJ Volume 23(1)]. Pages 455 and 456.
  • Jason C Lamb. Fletcher Corporation Forms: Annotated. Fourth Edition. 2003 Revised Volume. Thomson West. [https://books.google.com/books?id=ugg-AQAAIAAJ Volume 6A, Part 2]. Pages xxix, 9, 18, 410, 413, 414. Section 5278.
  • Gregory J Battersby. Multimedia and Technology Licensing Agreements: Forms and Commentary: with Forms on CD. 2008. [https://books.google.com/books?id=z3tBAQAAIAAJ Google]
  • Daniel T Brooks (chair). 12th Annual Computer Law Institute. Practising Law Institute. 1990. Passim. [https://books.google.com/books?id=f54jAQAAMAAJ Google]
  • Selected Legal Papers. Volume 8. [https://books.google.com/books?id=B2VBAQAAIAAJ Numbers 1 & 2: February 1991]. Pages 474, 477 to 479, 497 and 498.
  • (1993) IPL Newsletter. [https://books.google.com/books?id=ZPEmAQAAMAAJ Google]
  • (1997) [https://books.google.com/books?id=hAZJAQAAIAAJ 22] New Matter

=Notes=

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Category:Trademark law