1003.08 Abandonment of the Foreign Application
If the foreign application relied on under §44(d) is abandoned during the prosecution of the U.S. application, the applicant may amend the application to rely on another basis. See TMEP §806.03. If the applicant met the requirements of §44(d) on the filing date of the U.S. application, the applicant will retain the priority filing date even if the foreign application is abandoned. See37 C.F.R. §2.35(b)(4).
In this situation, the USPTO will presume that the applicant had a continuing valid basis, because the applicant had at least a bona fide intention to use the mark in commerce as of the application filing date, unless there is contradictory evidence in the record. See 37 C.F.R. §2.35(b)(3); TMEP §806.03(h).