1104.06 Processing Amendment to Allege Use Received Before Application Is Assigned to an Examining Attorney
If an amendment to allege use is received before an application has been assigned to an examining attorney, the LIE will review the amendment to allege use to determine whether it complies with the minimum filing requirements of 37 C.F.R. §2.76(c) and will take appropriate action. See TMEP §§1104.01–1104.01(c). If the amendment to allege use complies with the minimum filing requirements, it will be placed in the record and examined on the merits when the application is assigned to an examining attorney. If it does not, the LIE will advise the applicant in writing of the deficiency and advise the applicant that it must correct the deficiency before the mark is approved for publication, or the amendment to allege use will not be examined on the merits. See 37 C.F.R. §2.76(d).