TMEP 1205.01(b)(v): First Use On or After September 21, 1950

This is the October 2015 Edition of the TMEP

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1205.01(b)(v)    First Use On or After September 21, 1950

If a party other than the USOC applies to register Olympic-related matter designated in the OASA and claims a date of first use in commerce on or after September 21, 1950, the examining attorney must refuse registration on the ground that the mark is not in lawful use in commerce, citing §§1 and 45 of the Trademark Act, 15 U.S.C. §§1051 and 1127, for trademark applications or §§1, 3, and 45, 15 U.S.C. §§1051, 1053, and 1127, for service mark applications. The examining attorney must provide appropriate supporting evidence for the refusal. In addition, refusals may also be made on other relevant grounds. See TMEP §1205.01(b)(ii).