TMEP 1104.03(c): Processing Amendment to Allege Use Filed During the Blackout Period

This is the October 2015 Edition of the TMEP

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1104.03(c)    Processing Amendment to Allege Use Filed During the Blackout Period

If an applicant files an amendment to allege use during the blackout period, the USPTO will notify the applicant that the amendment to allege use is untimely and will not be reviewed, and refund the filing fee. See 37 C.F.R. §2.76(a)(1).

The examining attorney must not cancel an approval of or withdraw an application from publication to process an untimely amendment to allege use. Furthermore, the examining attorney must not suspend an application or take any other similar action to extend the time for filing an amendment to allege use.

The USPTO will not process an untimely amendment to allege use as a statement of use. However, the applicant may resubmit an untimely amendment to allege use as a statement of use after the notice of allowance issues.