T.M.E.P. § 1104
Amendment to Allege Use Under ¤1(c) of the Act
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1104 Amendment to Allege Use Under §1(c) of the Act
As previously stated, an intent-to-use applicant must file either an amendment to allege use under 15 U.S.C. 1051(c) or a statement of use under 15 U.S.C. 1051(d) before issuance of the registration. This section pertains only to amendments to allege use. Statements of use are discussed in TMEP §§1109 et seq.
Filing an amendment to allege use does not relieve the applicant of the duty to file a response to an outstanding Office action or to take any other action required in the case, including filing a notice of appeal. See TMEP §1104.07 regarding the filing of an amendment to allege use in conjunction with an appeal.