T.M.E.P. § 206.01
Amendment of ¤1(b) Application from Principal Register to Supplemental Register upon Filing of Alleg

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§206) | Next Section (§206.02)

206.01 Amendment of §1(b) Application from Principal Register to Supplemental Register upon Filing of Allegation of Use

An applicant relying on a bona fide intention to use the mark in commerce under 15 U.S.C. 1051(b) may not seek registration on the Supplemental Register until the applicant has submitted an acceptable amendment to allege use under 15 U.S.C. 1051(c) or statement of use under 15 U.S.C. 1051(d). 37 C.F.R. §§2.47(d) and 2.75(b).

If an application is based solely on §1(b), and the applicant files an acceptable amendment to allege use or statement of use and an acceptable amendment to the Supplemental Register, the USPTO will consider the filing date of the amendment to allege use or statement of use to be the effective filing date of the application. 37 C.F.R. 2.75(b). The examining attorney must conduct a new search of Office records for conflicting marks.

See TMEP §§816.02 and 1102.03 for additional information about examination of intent-to-use applications on the Supplemental Register.