Trademark Manual of Examining Procedure (TMEP)
Chapter 1000: Applications Under Section 44
October 2017 Edition of the TMEP
Chapter 1000: Applications Under Section 44
1001: Section 44 Applications - General
1002: Eligible Applicants Under §44
1002.01: Eligible Applicants Under §44(e)
1002.02: Eligible Applicants Under §44(d)
1002.03: Establishing Entitlement Under a Treaty
1002.04: Establishing Country of Origin
1002.05: United States Applicants
1003: Section 44(d) - Priority Filing Date Based on a Foreign Application
1003.01: The "First-Filed" Requirement
1003.02: Priority Claim Must Be Filed Within Six Months of Foreign Filing
1003.03: Basis for Registration Required
1003.04: Suspension Awaiting a Foreign Registration
1003.04(a): Applications Based Solely on Section 44
1003.04(b): Multiple-Basis Applications
1003.04(c): Periodic Inquiries Issued as to Status of Foreign Application
1003.05: Section 44(d) and Priority for Publication
1003.06: Applicants May File Under both §§44(d) and 44(e)
1003.07: Application May Be Based on More than One Foreign Application
1003.08: Abandonment of the Foreign Application
1004: Applications Based on Foreign Registrations Under §44(e)
1004.01: Copy of Foreign Registration Required
1004.01(a): Status of the Foreign Registration
1004.01(b): Translation of the Foreign Registration or Renewal Document
1004.02: Application May Be Based on More than One Foreign Registration
1005: Ownership of the Foreign Application or Registration
1006: Assignment of §44 Applications
1007: Standards for Registration Under Section 44
1008: Bona Fide Intention to Use the Mark in Commerce
1009: Allegation of Use and Specimen of Use Not Required Prior to Registration
1010: Proof of Acquired Distinctiveness in §44 Applications
1011: Drawings
1011.01: Substantially Exact Representation of Mark in Foreign Registration
1011.02: One Mark Per Application
1011.03: Amendment of Drawing
1011.04: Drawings and Descriptions of Three-Dimensional and Non-Visual Marks
1012: Identification of Goods and Services
1013: Designation of Domestic Representative by Applicants Not Domiciled in the United States
1014: Section 44 Applications for the Supplemental Register
1015: Section 44 Registration Independent of Underlying Foreign Registration
1016: International Registration As Basis for §44 Application