TMEP 903.06(a): Apparent Discrepancies Between Dates of Use and Date of Execution

This is the October 2015 Edition of the TMEP

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903.06(a)    Apparent Discrepancies Between Dates of Use and Date of Execution

If an application, or an allegation of use under §1(c) or §1(d), specifies a date of first use only by the year, or by the month and the year, and the date would otherwise be interpreted under TMEP §903.06 as later than the date on which the application or allegation of use was signed, the USPTO will presume that the date of first use is the date on which applicant signed the application or allegation of use. For example:

Filing Date: January 15, 2015

Signature Date: December 27, 2014

First use anywhere: 2014

Presumption of first use anywhere under §903.06: December 31, 2014

Amendment to clarify first use date is not required: Although the presumed date of first use under TMEP § 903.06 (December 31, 2014) is later than the signature date (December 27, 2014), it is not later than the filing date (January 15, 2015). Thus, under TMEP § 903.06(a), the examining attorney may presume that the use date is the same as the date of signature.

However, if the date of first use would be interpreted under TMEP § 903.06 as later than the filing date of the application or allegation of use, then amendment of the date of use to an earlier date, supported by an affidavit or declaration under 37 C.F.R. §2.20, is still required. For example:

Filing Date: January 15, 2015

Signature Date: December 27, 2014

First use anywhere: 2015

Presumption of first use anywhere under §903.06: December 31, 2015

Amendment to clarify first use date is required: The presumed date of first use under TMEP § 903.06 (December 31, 2015) is later than the filing date (January 15, 2015). Thus, under TMEP § 903.06(a), the examining attorney may not presume that the use date is the date of signature and must require an amendment to indicate the date of use more specifically.

If an application or allegation of use specifies the date of signature only by the year, or by the month and the year, and the date would be interpreted under TMEP §903.06 as later than the date(s) of first use, the USPTO will presume that the date of signature was on or after the date of first use.