TMEP 205: Filing Date Is Not Normally Changed

October 2017 Edition of the TMEP

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205    Filing Date Is Not Normally Changed

After an application has been given a filing date, the USPTO will normally not vacate the filing date or physically alter the designation of the original filing date in the Trademark database, except where the application as originally filed was erroneously accorded a filing date ( see TMEP §204.03) or where the Office grants restoration of a filing date ( see TMEP §§ 204.02 and 1711).

In an application under §1 or §44 of the Trademark Act, if the application met the minimum requirements for receipt of a filing date ( see TMEP §202) when originally filed, but during examination it is discovered that the applicant did not have a right to apply on the assigned filing date (e.g., because the applicant did not own the mark), the application is void, because a valid application was not created. See TMEP §§803.06 and 1201.02(b).  The USPTO will not refund the filing fee in such a case.  If, subsequent to the assigned filing date, the applicant became eligible to apply, the applicant may file a new application (including a filing fee).