T.M.E.P. § 1609.07
Dates of Use

Executive summary:

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1609.07 Dates of Use

The USPTO will accept an amendment changing the dates of use, even if the amended dates are later than the dates originally set forth in the registration. See In re Pamex Foods, Inc., 209 USPQ 275 (Comm'r Pats. 1980); Grand Bag & Paper Co., Inc. v. Tidy-House Paper Products, Inc., 109 USPQ 395 (Comm'r Pats. 1956). However, the USPTO will not enter an amendment if the amended dates are later than the dates that would have been accepted during examination. Therefore, the USPTO will not enter the following amendments:

• If the application for the registration was based on use in commerce under 15 U.S.C. 1051(a), the registration cannot be amended to specify a date of use that is later than the application filing date (see 37 C.F.R. 2.71(c)(1));

• If the application for the registration was based on intent-to-use under 15 U.S.C. 1051(b), and a statement of use under 15 U.S.C. 1051(d) was filed, the registration cannot be amended to specify a date of use that is later than the statutory deadline for filing the statement of use (i.e., within six months of the mailing date of the notice of allowance or before the expiration of an extension of time for filing a statement of use) (see 37 C.F.R. 2.71(c)(2));

• If the application for the registration was based on intent-to-use under 15 U.S.C. 1051(b), and an amendment to allege use under 15 U.S.C. 1051(c) was filed, the registration cannot be amended to specify a date of use that is later than the filing date of the amendment to allege use (see TMEP §903.05) ; and

• The date of first use in commerce may not be earlier than the date of first use anywhere (see TMEP §903.04).