TMEP 1105: Publication of Intent-to-Use Applications for Opposition

This is the October 2015 Edition of the TMEP

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1105    Publication of Intent-to-Use Applications for Opposition

If an amendment to allege use has been submitted and accepted, the intent-to-use application is processed as a use application. If the examining attorney determines that the mark is entitled to registration, the examining attorney will approve the mark for publication and the mark will be published for opposition. If the application is not successfully opposed, the mark will register and the USPTO will issue a certificate of registration. 15 U.S.C. §1063(b)(1); 37 C.F.R. §2.81(a).

If no amendment to allege use has been accepted for an intent-to-use application, and the examining attorney determines that the mark is entitled to registration but for the submission of an allegation of use, the examining attorney will approve the mark for publication and the mark will be published for opposition. If the application is not successfully opposed, the USPTO will issue a notice of allowance. 15 U.S.C. §1063(b)(2); 37 C.F.R. §2.81(b).