TMEP 1109.03: Use on All Goods/Services Required Before Filing

This is the October 2015 Edition of the TMEP

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1109.03    Use on All Goods/Services Required Before Filing

The applicant may file a statement of use only when the mark has been in use in commerce on or in connection with all the goods/services specified in the notice of allowance, unless the applicant files a request to divide for those goods/services not yet in use in commerce. 37 C.F.R. §2.88(a)(2). See TMEP §§1110–1110.11(a) regarding requests to divide.

If the applicant files a statement of use for some of the goods/services identified in the notice of allowance, and a request for an extension of time to file a statement of use for other goods/services that are identified in the notice of allowance, but does not file a request to divide, the ITU/Divisional Unit will issue an Office action granting the applicant additional time to either: (1) file a request to divide, or (2) file an amendment to delete from the application the goods/services that are not in use. If the applicant met the minimum requirements for filing the statement of use and extension request before expiration of the deadline for filing the statement of use, the applicant may file the request to divide after expiration of the statutory deadline for filing the statement of use. If the applicant does not file an acceptable request to divide within the time specified in the Office action, the goods/services that are not covered by the statement of use will be deleted from the application.

See TMEP §1109.13 regarding examination of a statement of use that omits, but does not expressly delete, some of the goods/services identified in the notice of allowance.