TMEP 1207.04(g)(i): Preparing the Record for Publication

This is the October 2015 Edition of the TMEP

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1207.04(g)(i)    Preparing the Record for Publication

If the application satisfies all the conditions listed in TMEP §1207.04(g), complies with all other relevant requirements, and is otherwise entitled to registration, the examining attorney will approve the application for publication of the mark. The application must contain a concurrent use statement to be printed in the Official Gazette. The statement may be submitted by the applicant or prepared by the examining attorney. Pursuant to TBMP §1103.02, the statement must delineate the concurrent rights of the parties as determined by the Board, in the following form:

Registration limited to the area comprising __________ [indicating the area specified in the Board’s prior decision as the area for which applicant is entitled to registration and any other restriction designated by the Board] pursuant to Concurrent Use Proceeding No. ______________ [specifying the number of the prior concurrent use proceeding].

Concurrent registration with ________________ [specifying the application serial number(s) or registration number(s), if any, of each other party involved in the prior concurrent use proceeding; otherwise, the name and address of each other party].

After publication, if no opposition is filed, or if any opposition that is filed is dismissed or withdrawn, the application will mature into a registration.