T.M.E.P. § 803.04
Citizenship of Applicant

Executive summary:

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803.04 Citizenship of Applicant

Under 37 C.F.R. 2.32(a)(3), an application for registration must specify the applicant's citizenship or the state or nation under whose laws the applicant is organized. If ambiguous terms such as "American" are used, the examining attorney must require the applicant to clarify the record by setting forth the required information with greater specificity (e.g., "United States").

An individual applicant should set forth the country of which he or she is a citizen. Current citizenship information must be provided; a statement indicating that the applicant has applied for citizenship in any country is not relevant or acceptable. If an individual is not a citizen of any country, a statement to this effect is acceptable.

If an applicant asserts dual citizenship, the applicant must choose which citizenship will be printed in the Official Gazette and on the registration certificate. It is Office policy to print only one country of citizenship for each person in the Official Gazette and on the registration certificate, and the automated records of the Office will indicate only one country of citizenship for each person.

For a corporation, the application must set forth the state or country of incorporation. 37 C.F.R. 2.32(a)(3)(ii).

For an association, the application must set forth the state or country under whose laws the association is organized or incorporated. 37 C.F.R. 2.32(a)(3)(ii).

For a partnership or other firm, the application must set forth the state or country under which the partnership is organized, and provide citizenship information for each general partner in the partnership or active member in the firm. 37 C.F.R. 2.32(a)(3)(iii). This requirement also applies to a partnership that is a general partner in a larger partnership. See TMEP §803.03(b) for the proper format for identifying a partnership.

For joint applicants or a joint venture, the application should set forth the citizenship or state or country of organization of each party.