TMEP 806.03(i): Verification of Amendment Required

This is the October 2015 Edition of the TMEP

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806.03(i)    Verification of Amendment Required

An applicant who adds or substitutes use in commerce under §1(a) as a basis in a trademark or service mark application must verify that the mark is in use in commerce on or in connection with the goods/services covered by the §1(a) basis, and that the mark was in use in commerce on or in connection with these goods/services as of the application filing date. See 37 C.F.R. §§2.2(k)(1), 2.34(a)(1)(i), 2.35(b)(1). See TMEP §§1303.01(b)(i), 1304.02(b)(i), and 1306.02(b)(i) for the verification wording for a §1(a) basis for a collective or certification mark application.

An applicant who adds or substitutes §1(b), §44(d), or §44(e) as a basis in a trademark or service mark application must verify that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services covered by the amendment, and that the applicant had a bona fide intention to use the mark in commerce on or in connection with these goods/services as of the application filing date, unless a verified statement of the applicant’s bona fide intention to use the mark in commerce has already been filed with respect to all the goods/services covered by the new basis. See 37 C.F.R. §§2.2(l), 2.34(a)(2), (a)(3)(i), (a)(4)(ii), 2.35(b)(1). See TMEP §§1303.01(b)(i), 1304.02(b)(i), and 1306.02(b)(i) for the verification wording for a §1(b), §44(d), or §44(e) basis for a collective or certification mark application.

Example: If a §44 application originally included a verified statement that the applicant had a bona fide intention to use the mark in commerce, it is not necessary to repeat this statement if the applicant later adds or substitutes a §1(b) basis for the goods/services covered by the §44 basis.

See TMEP §804.04 regarding persons who may sign a verification on behalf of an applicant under 37 C.F.R. §2.193(e)(1).