TMEP 1303.01(b): Verification of Certain Statements

October 2017 Edition of the TMEP

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1303.01(b)    Verification of Certain Statements

An application must include certain statements that are verified by the applicant or by someone who is authorized to verify facts on behalf of an applicant. See 15 U.S.C. §1051(a)(3), (b)(3); 37 C.F.R. §§2.44(a)(4)(i)(D), (a)(4)(ii), (a)(4)(iii)(B), (a)(4)(iv)(B), (a)(4)(v), 2.193(e)(1); TMEP §1303.01(b)(i) - (b)(ii).

In an application under §1 or §44 of the Trademark Act, a signed verification is not required for receipt of an application filing date under 37 C.F.R. §2.21(a). If the initial application does not include a proper verified statement, the examining attorney must require the applicant to submit a verified statement that relates back to the original filing date. See TMEP §§804.01–804.01(b) regarding the form of the oath or declaration, TMEP §1303.01(b)(i) regarding the essential allegations required to verify an application for registration of a mark, and TMEP §804.04 regarding persons properly authorized to sign a verification on behalf of an applicant.

In §66(a) applications, the verified statement is not part of the international registration on file at the IB; therefore the examining attorney must require the verified statement during examination. See 37 C.F.R. §2.44(a)(4)(v), TMEP §§804.05, 1303.01(b)(ii), 1904.01(c).