Amendment to Allege Use (AAU): When and How to Prove Trademark Use

Filing a trademark application does not always mean a business is immediately ready to show use in commerce. Many applicants file based on intent to use, planning to launch later. This is where the Amendment to Allege Use (AAU) becomes critical.

An AAU allows a trademark applicant to submit proof that the trademark is now actively being used, but timing and evidence requirements matter significantly.

What Is an Amendment to Allege Use (AAU)?

An Amendment to Allege Use is a filing submitted to the United States Patent and Trademark Office that confirms a trademark is now being used in commerce for the goods or services listed in the application.

“An amendment to allege use can be filed from the date the trademark application is submitted up until the examining attorney approves it for publication.”
— Sharon, U.S. Trademark Attorney

This filing converts an intent-to-use application into one that demonstrates real commercial use, which is required before a trademark can be registered.

Internal link:
For a full overview of how trademark use ties into long-term protection, see Trademark Renewal for U.S. Businesses: Deadlines, Audits, and Use Requirements Explained.

When Can an AAU Be Filed During the Trademark Application Process?

An AAU may be filed only during a specific window in the trademark application timeline.

• It can be filed after the trademark application is submitted
  
• It must be filed before the examining attorney approves the application for publication
  

Once the USPTO has approved an application for publication, this option closes.

The USPTO Blackout Period Explained

Once the examining attorney approves the application for publication, the process enters what is commonly called the blackout period.

“Once the examining attorney approves the application for publication, there is a blackout period where no evidence of use can be filed.”
— Sharon, U.S. Trademark Attorney

During this phase:

• The trademark is published for opposition
  
• Third parties may challenge the application
  
• No AAU filings are permitted
  

If use begins during this period, the applicant must wait until a Notice of Allowance issues and then file a Statement of Use, which is a separate process.

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See Statement of Use (SOU): Completing Trademark Registration After Notice of Allowance for the next stage.

Evidence Requirements for an AAU

The USPTO requires evidence that the trademark is actively used in commerce, and this has a very specific legal meaning.

“Many business owners are actually using their trademark correctly, but they do not submit the kind of evidence the USPTO is looking for.”
— Sharon, U.S. Trademark Attorney

Acceptable Evidence Examples

For goods:

• Photographs of the product showing the trademark
  
• Packaging or labels with the mark
  
• Products offered for sale, either online or in retail locations
  

For services:

• Website screenshots showing the mark
  
• Clear description of the services offered
  
• URL and date visible on the screenshot
  

The evidence must match the exact trademark and the specific goods or services listed in the application.
Evidence mistakes can trigger issues later, including audits. Learn more in USPTO Trademark Renewal Audits: Triggers, Evidence, and Common Pitfalls.

Common Filing Mistakes Businesses Make When Filing an AAU

Filing errors often lead to refusals or delays.

“Showing use in commerce has a very specific legal meaning, and it is often misunderstood.”
— Sharon, U.S. Trademark Attorney

Check LinkedIn and YouTube for more insights related to trademark law.

Common mistakes include:

• Submitting mockups or draft packaging
  
• Showing the trademark without a purchasing option
  
• Using outdated screenshots
  
• Submitting evidence that does not match the listed goods or services
  

Because an AAU determines whether an application can move forward, accuracy at this stage is essential.

For timing-related risks and consequences, review Trademark Renewal Deadlines: What Happens at the 5–6 Year and 10-Year Marks.

When to Seek Help from a Trademark Attorney

Many AAU issues arise not because a business is doing something wrong, but because the USPTO has strict evidence standards. A trademark attorney ensures filings are completed correctly the first time and reducing delays and unexpected costs.

Frequently Asked Questions 

1. What is an amendment to allege use in a trademark application?

An Amendment to Allege Use (AAU) is a filing with the USPTO that states a trademark originally filed as an intent-to-use is now being used in commerce. It includes a verified declaration and evidence showing actual use of the trademark for the listed goods or services. An AAU is required before an intent-to-use application can register.

2. When should I file an Amendment to Allege Use?

An AAU should be filed after trademark use has begun and before the examining attorney approves the application for publication. Once the application is approved for publication, an AAU can no longer be filed, even if use begins shortly afterward.

3. Can I file an amendment to allege use after publication?

No. Once the USPTO approves a trademark application for publication, the option to file an Amendment to Allege Use closes. If trademark use begins after publication, the applicant must wait for a Notice of Allowance and file a Statement of Use instead.

4. What evidence is required for an amendment to allege use?

The USPTO requires evidence showing real commercial use of the trademark. For goods, this may include product packaging, labels, or photos of the product as sold. For services, acceptable evidence may include website screenshots showing the trademark used in connection with the services, with the URL and date visible. Mockups or proposed use are not acceptable.

5. Why do Amendment to Allege Use filings get rejected?

AAU filings are commonly rejected when the evidence does not show actual use in commerce, does not match the listed goods or services, or consists of mockups, outdated materials, or purely promotional content. Because the AAU confirms use, errors at this stage can delay or prevent trademark registration.