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.[1]
The United States Patent and Trademark Office originally assumed there would be an amendement to allege use in 50% of cases.[2] In the financial year of 1991, there was an amendement to allege use in 2.9% of cases.[3] 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.[4]
As of 2018, most amendments to allege use are sent to the United States Patent and Trademark Office by the Trademark Electronic Application System.[5]
Amendement to allege use were criticised by the IPL Newsletter.[6]
See also
editReferences
edit- Steven H Bazerman and Jason M Drangel. Guide to Registering Trademarks. Wolters Kluwer. 2023. 2023-1 Supplement. Passim.
- Jerome Gilson. Trademark Protection and Practice. Matthew Bender. 1991. Volume 2. Passim.
- Celedonia, Newbury and Pretty (co-chairs). Understanding Basic Trademark Law 1995. Practising Law Institute. 1995. Passim. Google. See also other annual editions.
- Kera and Davis. Trademark Law Handbook 2001. INTA. 2001. Pages 35, 75 and 76. Google
- Richard Stim. Trademark Law. West Legal Studies, Delmar, Thomson Learning. 2000. Pages 96, 102, 103, 108, 199, 203 and 277. Google
- Siegrun D Kane. Trademark Law: A Practitioner's Guide. Third Edition. Practising Law Institute. 1997.
- Phillip H Smith. Intent-to-use Trademark Practice. Bureau of National Affairs. 1992. Passim. Google
- Stephen Elias and Richard Stim. Patent, Copyright & Trademark. Fourth Edition. Nolo. 2001. Page 381.
- Henri Charmasson. Patents, Copyrights and Trademarks For Dummies. Wiley. 2004. Page 267. 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. Google
- Graeme B Dinwoodie and Mark D Janis. Trademarks and Unfair Competition: Law and Policy. 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. Google
- American Jurisprudence Pleading and Practice Forms Annotated: State and Federal. 2002 Revision. West Group. Volume 23(1). Pages 455 and 456.
- Jason C Lamb. Fletcher Corporation Forms: Annotated. Fourth Edition. 2003 Revised Volume. Thomson West. 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. Google
- Daniel T Brooks (chair). 12th Annual Computer Law Institute. Practising Law Institute. 1990. Passim. Google
- Selected Legal Papers. Volume 8. Numbers 1 & 2: February 1991. Pages 474, 477 to 479, 497 and 498.
- (1993) IPL Newsletter. Google
- (1997) 22 New Matter
- ^ Patent and Trademark Office Notices, Official Gazette, 21 November 1989, p 7
- ^ I Fred Koenigsaberg (chairman). How to Handle Basic Copyright and Trademark Problems 1992. Practising Law Institute. 1992. p 735. Celedonia, Newbury and Pretty (co-chairs). Understanding Basic Trademark Law 1995. Practising Law Institute. 1995. p 203. (1990) PTC Newsletter, p 5.
- ^ (1992) 82 The Trademark Reporter 453
- ^ (1992) AIPLA Bulletin 217; (1993) IPL Newsletter [1] [2]
- ^ Deborah E Bouchoux. Intellectual Property: The Law of Trademarks, Copyrights, Patents, and Trade Secrets. Fifth Edition. Cengage Learning. 2018. p 82.
- ^ (1993) IPL Newsletter [3] [4]
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