TMEP 819.01(c): Applicant’s Legal Entity and Citizenship

This is the October 2015 Edition of the TMEP

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819.01(c)    Applicant’s Legal Entity and Citizenship

The application must include the applicant’s legal entity. 37 C.F.R. §2.22(a)(2). The application must also set forth the citizenship of an individual applicant, or the state or country of incorporation or organization of a juristic applicant. 37 C.F.R. §2.22(a)(3). The additional fee will be required if this information is omitted. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c).

If the application includes this information, no additional fee will be required if the application is amended to clarify the information or correct an inadvertent error, as long as the amendment is filed through TEAS or entered by examiner’s amendment.

Trademark Rule 2.22(a)(4) requires that where the applicant is a partnership, the application must include the names and citizenship of the applicant’s general partners. However, the USPTO has waived the requirement that this information be provided at the time of filing. If this information is not included in the initial application, the applicant will not lose TEAS Plus status, but the information will be required before the mark is approved for publication. Note: The requirement for the names and citizenship of the general partners applies only to domestic partnerships. 37 C.F.R. §2.32(a)(3)(iii); TMEP §803.04.