TMEP 201.01: Effective Filing Date Controls for Purposes of Determining Priority for Publication or Issue

This is the October 2015 Edition of the TMEP

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201.01    Effective Filing Date Controls for Purposes of Determining Priority for Publication or Issue

The filing date of an application (see TMEP §201) is also the effective filing date, except where: (1) the applicant is entitled to priority under 15 U.S.C. §1126(d) or §1141g (see TMEP §206.02); (2) the applicant amends an intent-to-use application filed under 15 U.S.C. §1051(b) to the Supplemental Register (see TMEP §206.01); or (3) the application was filed before November 16, 1989, the applicant had not used the mark in commerce for one year before the application filing date, and the applicant amends to the Supplemental Register on or after November 16, 1989 (see TMEP §206.03). The effective filing date is controlling for purposes of determining priority for publication or issue (see TMEP §1208.01) and constructive use priority (see TMEP §201.02).