TMEP 1109.11: Verification and Execution

October 2017 Edition of the TMEP

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1109.11    Verification and Execution

The requirement that a statement of use include a signed verification or declaration is a minimum filing requirement. 15 U.S.C. §1051(d)(1)37 C.F.R. §2.88(e)(3); In re Kinsman, 33 USPQ2d 1057 (Comm’r Pats. 1993).

If, before taking an action in connection with the statement of use, the examining attorney determines that the statement of use does not include a signed verification or declaration, the examining attorney should return the application to the ITU/Divisional Unit for appropriate action.