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 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 specified is the date on which applicant signed the application or allegation of use. In this case, it is not necessary to amend the application to indicate the date of use more specifically. However, if the date specified would be interpreted as later than the filing date of the application or allegation of use, then amendment of the date of use, supported by an affidavit or declaration under 37 C.F.R. §2.20, is still required.
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.