TMEP 1104.01(a): Review by Legal Instruments Examiner for Compliance with Minimum Filing Requirements

October 2017 Edition of the TMEP

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1104.01(a)    Review by Legal Instruments Examiner for Compliance with Minimum Filing Requirements

A legal instruments examiner ("LIE") will conduct a preliminary review of an amendment to allege use to determine whether it is timely and complies with the minimum requirements of 37 C.F.R. §2.76(c).  If so, the LIE will refer the amendment to allege use to the examining attorney for examination on the merits.

With respect to the requirement that the amendment to allege use include a verification or declaration signed by the applicant, or a person properly authorized to sign on behalf of the applicant, that the mark is in use in commerce, the LIE will review the document only to determine whether it bears a signed verification stating that the mark is in use in commerce.  The examining attorney will determine whether the amendment to allege use was filed by the owner. See TMEP §1104.10(b)(i).

See TMEP §1104.01(b) regarding processing an amendment to allege use that does not meet minimum filing requirements, and TMEP §1104.03(c) regarding processing an untimely amendment to allege use.