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TMEP 1109.16: Correcting Defects in Statement of Use

October 2017 Edition of the TMEP

TMEP Chapter Index
Chapter 1100: Intent-to-Use Applications and Requests to Divide
1109: Statement of Use Under §1(d) of the Trademark Act

Previous: §1109.15(a) | Next: §1109.16(a)

1109.16    Correcting Defects in Statement of Use

The applicant must comply with the statutory requirements for filing a statement of use (37 C.F.R. §2.88(b) ) before the expiration of the deadline for filing the statement of use (i.e., within six months of the issuance date of the notice of allowance or before the expiration of an extension of time for filing a statement of use).  Other defects may be cured after the expiration of the statutory filing period, within the period for response to the Office action notifying the applicant of the defect.  See TMEP §1109.16(a) regarding defects that must be cured before the expiration of the statutory filing period.