TMEP 1104.10(b)(ii): Verification and Date of Execution

This is the October 2015 Edition of the TMEP

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1104.10(b)(ii)    Verification and Date of Execution

The verification must be signed by the applicant or a person properly authorized to sign on behalf of the applicant. See 37 C.F.R. §2.76(b)(1). See 37 C.F.R. §2.193(e)(1) and TMEP §611.03(a) as to who is properly authorized to sign on behalf of an applicant. Generally, the USPTO will not question the authority of the person who signs a verification unless there is an inconsistency in the record as to the signatory’s authority to sign.

If the amendment to allege use is not filed within one year after it is signed, the examining attorney must require a substitute or supplemental verification or declaration under 37 C.F.R. §2.20 stating that, for a trademark or service mark, the mark is in use in commerce, or, for a collective or certification mark, the mark is in use in commerce and the applicant is exercising legitimate control over such use. See 37 C.F.R. §2.76(g); TMEP §804.03.

See TMEP §§611–611.06(h) regarding signature on correspondence filed in the USPTO.