Trademark Manual of Examining Procedure (TMEP)
Chapter 1000: Applications Under Section 44

October 2015 Edition of the TMEP
TMEP Chapter Index

Chapter 1000: Applications Under Section 44

1001: Section 44 Applications - General

1002: Eligible Applicants Under §44

1002.01: Eligible Applicants Under §44(e)

1002.02: Eligible Applicants Under §44(d)

1002.03: Establishing Entitlement Under a Treaty

1002.04: Establishing Country of Origin

1002.05: United States Applicants

1003: Section 44(d) - Priority Filing Date Based on a Foreign Application

1003.01: The "First-Filed" Requirement

1003.02: Priority Claim Must Be Filed Within Six Months of Foreign Filing

1003.03: Basis for Registration Required

1003.04: Suspension Awaiting a Foreign Registration

1003.04(a): Applications Based Solely on Section 44

1003.04(b): Multiple-Basis Applications

1003.04(c): Periodic Inquiries Issued as to Status of Foreign Application

1003.05: Section 44(d) and Priority for Publication

1003.06: Applicants May File Under both §§44(d) and 44(e)

1003.07: Application May Be Based on More than One Foreign Application

1003.08: Abandonment of the Foreign Application

1004: Applications Based on Foreign Registrations Under §44(e)

1004.01: Copy of Foreign Registration Required

1004.01(a): Status of the Foreign Registration

1004.01(b): Translation of the Foreign Registration or Renewal Document

1004.02: Application May Be Based on More than One Foreign Registration

1005: Ownership of the Foreign Application or Registration

1006: Assignment of §44 Applications

1007: Standards for Registration Under Section 44

1008: Bona Fide Intention to Use the Mark in Commerce

1009: Allegation of Use and Specimen of Use Not Required Prior to Registration

1010: Proof of Acquired Distinctiveness in §44 Applications

1011: Drawings

1011.01: Substantially Exact Representation of Mark in Foreign Registration

1011.02: One Mark Per Application

1011.03: Amendment of Drawing

1011.04: Drawings and Descriptions of Three-Dimensional and Non-Visual Marks

1012: Identification of Goods and Services

1013: Designation of Domestic Representative by Applicants Not Domiciled in the United States

1014: Section 44 Applications for the Supplemental Register

1015: Section 44 Registration Independent of Underlying Foreign Registration

1016: International Registration As Basis for §44 Application