TMEP 1902.01: Who Can File

This is the October 2015 Edition of the TMEP

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1902.01    Who Can File

Under 15 U.S.C. §1141a and Article 2(1), a qualified owner of a basic application for registration on the Principal or Supplemental Register pending in the USPTO or a qualified owner of a basic registration issued by the USPTO on the Principal or Supplemental Register may file an application for international registration through the USPTO. To qualify, the international applicant must:

  • (1) Be a national of the United States;
  • (2) Be domiciled in the United States; or
  • (3) Have a real and effective industrial or commercial establishment in the United States.

If joint applicants file, each applicant must meet at least one of these requirements. Common Reg. 8(2).