TMEP 1109.18: Approval of the Statement of Use

This is the October 2015 Edition of the TMEP

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1109.18    Approval of the Statement of Use

Approval of the statement of use indicates that the mark is eligible for registration. If the examining attorney determines that the application is in condition for registration, the examining attorney will approve the mark for registration under §1(d) of the Trademark Act, 15 U.S.C. §1051(d). Before approving the mark for registration, the examining attorney must ensure that the information contained in the record is accurate, that all amendments filed by the applicant have been examined, that material that should be printed in the Official Gazette and on the registration certificate has been properly entered into the Trademark database, and that material that should not be printed has been deleted from the Trademark database. See TMEP §817 regarding preparation of an application for publication or registration. If an assignment has been recorded, the examining attorney should ensure that the ownership information in the Trademark database is updated to reflect the true owner of record. See TMEP §502.02(c). The examining attorney must also perform the appropriate transaction to ensure that the computer-generated notice of approval of the statement of use is issued.

If the applicant filed an amendment to the Supplemental Register with or after filing a statement of use, and the application is otherwise in condition to be approved for registration, the examining attorney must approve the statement of use and approve the application for registration on the Supplemental Register. See TMEP §1102.03 regarding the examination of intent-to-use applications for registration on the Supplemental Register.