How to satisfy the requirements for a multiple-class application or multiple-class amendment to allege use

What is a multiple-class application or amendment to allege use (AAU)?
Should I file a multiple-class application or AAU?
Are my goods or services in different classes?
What must I submit?
How do I submit the required information listed above?

What is a multiple-class application or amendment to allege use (AAU)?

A multiple-class application is a single application in which you apply to register your trademark for goods or services that are classified in more than one international class. An international class is a numbered category that characterizes a type of good or service. 

We follow the International Nice Classification System, which has a total of 45 numbered international classes, to organize goods and services in applications. International classes 1-34 cover goods, and classes 35-45 cover services. For example:

Class 3 covers cosmetics and cleaning preparations
Class 9 covers electrical and scientific apparatus, including computers and software
Class 36 covers various insurance and financial services
Class 43 covers hotels and restaurant services

These numbered classes make it easier for us and others to search our database for potentially conflicting registered and pending trademarks.

A multiple-class allegation of use (AOU) is a single form you submit after you previously filed an intent-to-use application under Trademark Act Section 1(b). It’s the form you use to show us your trademark is now in use in commerce for all of the international classes of goods or services in your application. You can file this form:

Before we approve your mark for publication (in an AOU that is also called an amendment to allege use); or
After your notice of allowance has issued (in an AOU that is also called a statement of use). See more information about AOUs.

Visit the  current version of the Nice classification page for more information and an overview of what each class covers. See also our online searchable Trademark ID Manual (also called the “Acceptable Identification of Goods and Services Manual”) for a listing of specific goods or services and the classes they are currently assigned. 

For more information about multiple-class applications, multiple-class AOUs, and classification, see TMEP sections 401, 1403.01, and 1403.02(c). 

Should I file a multiple-class application or AOU?

If you want to register your mark for goods or services in more than one international class, you’ll need to file a multiple-class application.

You’ll need to file a multiple-class allegation of use (AOU) if:

You already filed a multiple-class intent-to-use application and
It’s time to claim use in commerce. See our intent-to-use basis page for more information regarding when to file an AOU (also called an amendment to allege use (AAU) or statement of use (SOU)).

Are my goods or services in different classes?

To determine which international class correctly covers each of your goods or services, search our Trademark ID Manual. Your text search will generally return a list of matching goods or services and the related class number.

The Trademark ID Manual is not comprehensive. If you can’t initially find your product or service, you can use the magnifying glass icon in the top left corner of the page to do an advanced search. Alternatively, check the World Intellectual Property Organization Nice webpage, which includes a list of goods and services that can be organized by class or alphabetically. The class that contains goods or services most closely related to yours is likely the best class for your product or service.

For more information about the Trademark ID Manual (also called the Acceptable Identification of Goods and Services Manual), see TMEP section 1402.04.

What must I submit?

You must submit information and fees for each international class of goods or services in your application.

For a multiple-class application filed under Sections 1(b) or 44, you need to provide a:

List of descriptions of your goods or services for each class
Fee for each class in the application

For a multiple-class application filed under Section 1(a), and a multiple class AOU, you need to provide:

A list of descriptions of your goods or services for each class
A fee for each class
Verified dates of use
Specimens covering each class
A verified statement for each specimen

List of descriptions of your goods and services by class

Your application must include a description of the goods or services that apply to your trademark. When describing goods or services, use plain, easy-to-understand language. Avoid industry jargon and technical terms.

Categorize the description of each good or service in the appropriate numbered international class. You must list your classes in numerical order, from the lowest-numbered class to the highest-numbered class.

Choosing descriptions carefully will help you correctly classify your goods or services and avoid potential delays and refusals. Use the Trademark ID Manual to determine the most accurate wording to describe each product or service and to avoid paying additional fees.

If a product or service is in the ID Manual, and it is entirely accurate, add that description from the ID Manual. USPTO examining attorneys will usually accept descriptions from the ID Manual without question (unless your description disagrees with your specimen), so your application will be processed more efficiently.
If a product or service isn’t in the ID Manual, list it under the most relevant class you can find and provide a specific, detailed description without using industry jargon. An accurate and clear description will help the USPTO examining attorney confirm that you’ve applied for the correct class.

If you’re submitting an AOU, you must also include a description of the goods or services that apply to your trademark. This is based on the description in the application. Read more information about AAUs and SOUs.

Filing fee

The filing fee is $350 for each class of goods or services in your application if it meets all of the requirements.

If your application is incomplete or contains a free-text description of goods or services, you will be required to pay one or more additional fees. For more information about what causes an additional fee and how to avoid them, see our additional fees page.

If you’re submitting an AOU, you’ll also pay a filing fee for each class of goods or services. There are other requirements for these filings, almost identical to the requirements for an application filed under the multiple-class Section 1(a) application listed above. Read more information about AOUs.

For a complete list of fees, see our fee schedule page. For more information about fees, see 37 CFR sections 2.6(a)(1)(iii)-(vi), (a)(2)(ii), (a)(3)(ii), 2.22(a)-(d).

The following items are required for an application based on use in commerce (Section 1(a)) and are not required at the time of filing an intent-to-use application (Section 1(b)). However, they must be submitted later in the intent-to-use application process, when filing an AAU or SOU.

Verified dates of use for each class

If you’re filing an application based on Section 1(a), you must also submit verified dates of use. (If you’re filing an application based on Section 1(b), you’ll submit this information later in the process.)

Provide the following verified dates of use for each class of goods or services:

The date of first use anywhere is the first time you used your trademark on your goods or services.
The date of first use in commerce is the first time that you used your trademark when selling or transporting your goods, or when rendering your services in one of the following types of commerce:
- Interstate commerce—Commerce that crosses U.S. state lines or that affects more than one U.S. state (for example, a single-location restaurant serving travelers from more than one state, or advertising in multiple U.S. states or on the internet)
- Territorial commerce—Commerce within a U.S. territory (such as Guam, Puerto Rico) or between the United States and a U.S. territory
- Foreign commerce—Commerce between the United States and a foreign country

If you have multiple goods or services in a single class, provide dates of use that apply to at least one item in the class. If those dates of use don’t apply to all items in the class, designate what products or services they apply to.

For more information about dates of use, including verifying dates of use, see TMEP sections 903 et seq. and the dates of use page. For more information about the types of commerce, see TMEP section 901.03.

A specimen for each class

Provide a specimen (a sample of how you are actually using your mark with your goods or services in the commercial marketplace) for each class of goods and services in your application or AOU. A single specimen can sometimes support goods and services in multiple classes. If your specimen supports more than one class, indicate which classes the specimen supports.

You must have used your specimen in commerce on or before the date you file your application or AAU, or before the deadline for filing an SOU. 

Specimens must show you’re properly using your trademark for your goods or services. That means they must indicate the commercial source of your goods or services.

For more information, see our specimens page, and TMEP sections 904 et seq. and 1301.04 et seq.

A verified statement for each specimen

Provide one of the following verified statements for each specimen:

For a Section 1(a) multiple-class application: "The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application."
For a multiple-class AAU: "The specimen was in use in commerce on or in connection with the goods and/or services listed in the application prior to the filing of the amendment to allege use."

For more information about a verified statement for a specimen, see 37 CFR section 2.76(b); and TMEP section 904.05.

How do I submit the required information listed above?

Generally, you must use Trademark Center to file your application and submit the required information for a multiple-class application. Use the Trademark Electronic Application System (TEAS) to submit AOUs and office action responses.

Once you complete your submission, the correct party must properly sign it. For information about who may sign a response, review your office action. 