TMEP 1207.04(b): Filing Basis of Application Seeking Concurrent Use Registration

October 2017 Edition of the TMEP

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1207.04(b)    Filing Basis of Application Seeking Concurrent Use Registration

Before seeking concurrent use, an applicant must assert use in commerce in its application and include in the application all the application requirements for a trademark, service mark, collective mark, or certification mark. 37 C.F.R. §2.42(a). For information regarding specific application requirements, see TMEP §§801-806.01(e) for trademarks and service marks, TMEP §1303.01 for collective trademarks and collective service marks, TMEP §1304.02 for collective membership marks, and TMEP §1306.02 for certification marks.

If an application is based on use in commerce under §1(a) of the Trademark Act, the applicant may seek concurrent use registration at the time the application is filed or in a subsequent amendment. See 37 C.F.R. §§2.42(a), 2.73. For information regarding amending to concurrent use, see 37 C.F.R. §2.73.

If an application is based on a bona fide intent to use the mark in commerce under §1(b) of the Trademark Act, the applicant may not amend to seek concurrent use registration until the applicant files an acceptable allegation of use. See 37 C.F.R. §§2.73, 2.99(g).

Applications based solely on §44 or §66(a) of the Trademark Act are not subject to concurrent use registration proceedings. 37 C.F.R. §2.99(g).