T.M.E.P. § 903
Dates of Use

Executive summary:

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903 Dates of Use

When asserting use of a mark in commerce, an applicant must specify the date of first use anywhere and the date of first use in commerce, either in an original application under §1(a) of the Trademark Act, or in an amendment to allege use or statement of use in an application under §1(b). The dates of use must be verified, i.e., supported by an affidavit or declaration under 37 C.F.R. 2.20. See TMEP §§804 et seq. regarding verification.

An applicant filing under §1(b) is not required to state dates of use in the original application, but must include dates of use in an amendment to allege use under §1(c) or statement of use under §1(d).

A §1(b) applicant may assert dates of use that are earlier than the filing date of the application in an amendment to allege use or statement of use.