TMEP 903.03: Relation Between the Two Dates of Use

This is the October 2015 Edition of the TMEP

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903.03    Relation Between the Two Dates of Use

The application or allegation of use must specify both the date of first use anywhere and the date of first use in commerce. If the date of first use anywhere was also in a type of commerce that may be regulated by the U.S. Congress (see TMEP §901.03, the date of first use and the date of first use in commerce will be the same date.

The date of first use anywhere will always be either earlier than or the same as the date of first use in commerce. If the date of first use anywhere specified in an application or allegation of use is later than the date of first use in commerce, the examining attorney must require clarification. See 37 C.F.R. §2.61(b).

The requirement that an applicant specify the date of first use anywhere as well as the date of first use in commerce applies to all applicants, including foreign applicants, in applications filed under §1(a) or §1(b) of the Act. In re Sevi S.p.A., 1 USPQ2d 1671, 1671 (TTAB 1986).