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TMEP 1104.03: Time for Filing Amendment to Allege Use

October 2017 Edition of the TMEP

TMEP Chapter Index
Chapter 1100: Intent-to-Use Applications and Requests to Divide
1104: Amendment to Allege Use Under §1(c) of the Act

Previous: §1104.02 | Next: §1104.03(a)

1104.03    Time for Filing Amendment to Allege Use

An applicant may file an amendment to allege use at any time between the application filing date and the date the examining attorney approves the mark for publication. 37 C.F.R. §2.76(a)(1).

An amendment to allege use may be filed after commencement of an ex parte appeal. See TMEP §1104.07.

An applicant may not file either an amendment to allege use or a statement of use between the date the examining attorney approves the mark for publication and the date of issuance of the notice of allowance.  This period, during which no allegation of use may be filed, is known as the "blackout period." See TMEP §1104.03(b).