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Simple English definitions for legal terms
allegation of use
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A quick definition of allegation of use:
Allegation of Use: This refers to a legal process in which a trademark applicant declares that they have started using their trademark in commerce. It is a part of the trademark application amendment process.
When a trademark applicant files an allegation of use, they are stating that they have begun using their trademark in connection with the goods or services listed in their application. This is an important step in the trademark registration process, as it shows that the applicant is actively using their trademark in commerce.
The allegation of use is filed with the United States Patent and Trademark Office (USPTO) and must be supported by evidence of use, such as photographs, advertising materials, or sales records. Once the USPTO approves the allegation of use, the trademark registration process can continue.
A more thorough explanation:
Definition: An allegation of use is a legal claim made by a trademark applicant that they are currently using the trademark in commerce. This claim is made during the trademark application process and is required for the trademark to be registered.
Example: If a company applies for a trademark for their new product, they must provide evidence that they are currently using the trademark in commerce. This evidence could include sales records, advertising materials, or other documentation that proves the trademark is being used in connection with the sale of goods or services.
Explanation: The example illustrates how an allegation of use is made during the trademark application process. The applicant must provide evidence that they are currently using the trademark in commerce, which is necessary for the trademark to be registered. Without this evidence, the trademark application may be denied.