TMEP 1109.11(b): Verification of Essential Elements

October 2017 Edition of the TMEP

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1109.11(b)    Verification of Essential Elements

The examining attorney must review the verified statement of use to confirm that it conforms to the requirements of the Act and the rules.  The verified statement must include an allegation that the applicant believes it is the owner of the mark, and a verification of the dates of use and identification of the goods/services. 15 U.S.C. §1051(d)(1)37 C.F.R. §2.88(b)(1).  See TMEP §1109.10 regarding ownership, TMEP §1109.09(a) regarding dates of use, and TMEP §1109.13 regarding the identification of goods/services.

The averment of ownership is an essential element of the verification. 37 C.F.R. §2.88(b)(1)(i). If it is omitted, the examining attorney must require the applicant to submit a verified statement that the applicant is the owner of the mark.  This statement may be submitted after expiration of the time for filing the statement of use.