TMEP 1109.17: Withdrawal of the Statement of Use Prohibited

October 2017 Edition of the TMEP

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1109.17    Withdrawal of the Statement of Use Prohibited

Once an applicant has filed a statement of use, the applicant may not withdraw the statement of use, even if the USPTO determines that the statement of use does not comply with the minimum filing requirements. 37 C.F.R. §2.88(g); In re Informix Software, Inc., 32 USPQ2d 1861 (Comm’r Pats. 1993).  Thus, an applicant may not amend the basis from §1(a) to §1(b) after a statement of use has been filed.

See TMEP §1109.16(e) regarding the applicant’s recourse after an examining attorney’s refusal of registration on the ground that applicant did not meet the statutory requirements for filing a statement of use before the expiration of the statutory deadline.