TMEP 1904.01(g): Constructive Use

October 2017 Edition of the TMEP

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1904.01(g)    Constructive Use

Under §66(b) of the Trademark Act, unless extension of protection is refused, the filing of the request for extension of protection constitutes constructive use of the mark, conferring the same rights as those specified in §7(c) of the Trademark Act, 15 U.S.C. §1057(c), as of the earliest of the following:

  • (1) The international registration date, if the request for extension of protection to the United States was filed in the international application;
  • (2) The date of recordal of the subsequent designation requesting extension of protection, if the request for extension of protection to the United States was made after the international registration date; or
  • (3) The date of priority claimed pursuant to §67 of the Trademark Act.