A Statement of Use and an Amendment to Allege Use accomplish the same objective: notifying the USPTO that an intent-to-use applicant is now in compliance with the “use in commerce” requirement for a valid trademark. The difference is in when the filing occurs. An Amendment to Allege Use can only be filed between the date the application is filed and the date the examining attorney approves the mark for publication. If the applicant misses that window, then s/he must wait until after Notice of Allowance is issued and file a Statement of Use. Neither an Amendment to Allege Use nor a Statement of Use may be filed in the period between the time an application is approved for publication and the Notice of Allowance is issued.
