Allegation of use
Proof you have started actually selling under the mark.
If you filed on an intent-to-use basis, the mark cannot register until you show real use in commerce. Filed before publication it is an Amendment to Allege Use; filed after a Notice of Allowance it is a Statement of Use. Both require a specimen and a date of first use.
Why it matters to your application
The filing that converts an intent-to-use application into a registrable one. Which form it takes depends only on timing - before publication it is an Amendment to Allege Use, after the Notice of Allowance it is a Statement of Use - and there is a window between the two when neither can be filed.
In order
- Confirm you are genuinely using the mark in commerce for the goods and services claimed.
- Work out where you are in the process, because that decides which form you file.
- Prepare a specimen for every class, and your dates of first use.
- If you are not using the mark for every class claimed, delete the unused ones rather than overstating.
How this plays out
An applicant starts selling shortly after filing and files an Amendment to Allege Use straight away, well before publication. The application proceeds as a use-based one, and the Notice of Allowance stage never arises.
About allegation of use
What is the difference between an Amendment to Allege Use and a Statement of Use?
Only timing. Before publication it is an Amendment to Allege Use; after the Notice of Allowance it is a Statement of Use. The evidence required is the same.
Can I file one during the blackout period?
No. There is a window between approval for publication and the Notice of Allowance in which neither can be filed. You wait for the notice.
What if I am only using the mark for some of my goods?
You file for those and delete the rest. Claiming use you cannot prove risks the whole application.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.