When to file an allegation of use?
An Allegation of Use can be filed only, (a) on or before the day the examining attorney approves the mark for publication in the Official Gazette, or (b) on or after the day the USPTO issues the Notice of Allowance. An Allegation of Use filed before the mark is approved for publication is called an Amendment to Allege Use and an Allegation of Use filed after the Notice of Allowance is issued is called a Statement of Use.