TMEP 1104.03(a): Use on All Goods/Services Required Before Filing

This is the October 2015 Edition of the TMEP

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1104.03(a)    Use on All Goods/Services Required Before Filing

An applicant may not file an amendment to allege use until the mark has been in use in commerce on or in connection with all goods/services for which the applicant seeks registration under §1(b), unless the applicant files a request to divide. 37 C.F.R. §2.76(a)(2)(i). If the applicant files an amendment to allege use before using the mark on or in connection with all the goods/services, but does not file a request to divide, the examining attorney will require the applicant to: (1) withdraw the amendment to allege use (see TMEP §1104.11); (2) delete from the application the goods/services not covered by the amendment to allege use (see TMEP §1104.10(b)(iii)); or (3) file a request to divide out the goods/services that are not yet in use (see TMEP §§1110–1110.12).