TMEP 819.01(q): Concurrent Use Applications

October 2017 Edition of the TMEP

Previous: §819.01(p) | Next: §819.02

819.01(q)    Concurrent Use Applications

If the applicant seeks concurrent use registration, the application must comply with the requirements of 37 C.F.R. §2.42. 37 C.F.R. §2.22(a)(20).  That is, the applicant must, to the extent of the applicant’s knowledge, set forth the information required in TMEP §1207.04(d)(i).

If the elements for a concurrent use application are omitted, the examining attorney will issue an Office action requiring the additional fee. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(c).  If the initial application includes a concurrent use claim with the proper elements, the application will not lose TEAS Plus status if an element is later amended, as long as the amendment is filed through TEAS or entered by examiner’s amendment.

See TMEP §1207.04(d)(i) for more information about the requirements for a trademark or service mark concurrent use application.