TMEP 804: Verification and Signature

This is the October 2015 Edition of the TMEP

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804    Verification and Signature

An application must include a statement that is verified by the applicant or by someone who is authorized to verify facts on behalf of an applicant. 15 U.S.C. §1051(a)(3), (b)(3); 37 C.F.R. §§2.32(b), 2.33(a), 2.193(e)(1).

In an application under §1 or §44 of the Trademark Act, a signed verification is not required for receipt of an application filing date under 37 C.F.R. §2.21(a). If the initial application does not include a proper verified statement, the examining attorney must require the applicant to submit a verified statement that relates back to the original filing date. See TMEP §§804.01-804.01(b) regarding the form of the oath or declaration, TMEP §804.02 regarding the essential allegations required to verify an application for registration of a trademark or service mark, and TMEP §804.04 regarding persons properly authorized to sign a verification on behalf of an applicant.

In §66(a) applications for a trademark or service mark, the verified statement is part of the international registration on file at the IB. 37 C.F.R. §2.33(e); see TMEP §§804.05, 1904.01(c).

See TMEP §§1303.01(b)(i), 1304.02(b)(i), and 1306.02(b)(i) regarding the verified statement for a §1(a), §1(b), §44(d), or §44(e) basis for a collective or certification mark application, and TMEP §§1303.01(b)(ii), 1304.02(b)(ii), 1306.02(b)(ii), and 1904.02(d) regarding the verified statement for a §66(a) basis for a collective or certification mark application.