804.03   Time Between Execution and Filing of Documents - §1 or §44 Application

Documents Must Be Filed Within a Reasonable Time After Execution

All applications and documents must be filed within a reasonable time after their execution.  Under 37 C.F.R. §2.33(c), if the verified statement supporting an application for registration is not filed within a reasonable time after it is signed, the USPTO will require the applicant to submit a substitute affidavit or declaration under 37 C.F.R. §2.20 of the applicant’s continued use or bona fide intention to use the mark in commerce.  Re-execution is also required where an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d)) or request for extensions of time to file a statement of use is not filed within a reasonable time after the date of execution.  37 C.F.R. §§2.76(i), 2.88(k), and 2.89(h); TMEP §§1104.09, 1108.02(b), and 1109.11(c).

The USPTO considers one year between execution and filing as reasonable for all applications and all documents.  No new verification should be required if the document is filed within one year of execution.  If an application, allegation of use, or request for extension of time to file a statement of use is filed more than one year after its execution, the examining attorney will require that the applicant submit re-executed documents, or a statement that is verified or includes a declaration under 37 C.F.R. §2.20, of the applicant’s continued use or bona fide intent to use the mark in commerce, as appropriate.

Documents Cannot Be Filed Before They Are Executed

If an applicant files an application that is signed and lists a date of execution that is subsequent to the application filing date, the examining attorney will inquire as to the actual date on which the application was signed.  However, where an application is executed in a foreign country located across the international date line, the fact that an application shows a date of execution as of the day after the application filing date is not inconsistent with its having been executed before filing.  No inquiry is required in this limited situation.