TMEP 201: What Constitutes Filing Date

October 2017 Edition of the TMEP

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201    What Constitutes Filing Date

In an application under §1 or §44 of the Trademark Act, 15 U.S.C. §1051 or §11.6, the filing date of an application is the date on which all the elements set forth in 37 C.F.R. §2.21(a) ( see TMEP §202) are received in the United States Patent and Trademark Office ("USPTO").

In a request for an extension of protection of an international registration to the United States under §66(a) of the Trademark Act, 15 U.S.C. §1141f(a), the filing date is: (1) the international registration date, if the request for extension of protection to the United States is made in an international application; or (2) the date that the subsequent designation was recorded by the International Bureau of the World Intellectual Property Organization ("IB"), if the request for extension of protection to the United States is made in a subsequent designation. 15 U.S.C. §1141f(b); 37 C.F.R. §7.26.  See TMEP §§1904 et seq. for further information about §66(a) applications.

Granting a filing date to an application does not necessarily mean that all requirements for registration have been satisfied.  It is possible that registration could be refused on a substantive ground.  See TMEP §818 for a list of potential grounds of refusal.  If registration is not refused on any substantive basis (or if the applicant overcomes any substantive refusals), the applicant must comply with any procedural requirements issued by the examining attorney during examination, in accordance with applicable rules and statutes, in order to obtain a registration.