T.M.E.P. § 1003.06
Applicants May File Under Both ¤44(d) and ¤44(e)

Executive summary:

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1003.06 Applicants May File Under Both §44(d) and §44(e)

In some cases, a §44 applicant may have already received, before filing in the United States Patent and Trademark Office, a foreign registration as a result of the same foreign application upon which the applicant relies for a §44(d) priority claim. This may occur in countries that do not examine applications prior to registration. In this situation, the applicant may file under both §44(d) and §44(e).

An applicant may also claim priority under §44(d) based upon a foreign application, and proceed to registration under §44(e) based upon a different foreign registration.