819.01(q) Concurrent Use Applications
If the applicant seeks concurrent use registration, the application must comply with the requirements of 37 C.F.R. §2.42. 37 C.F.R. §2.22(a)(20). That is, the applicant must:
- Set forth the geographic area, the goods, and the mode of use for which applicant seeks registration; and
- State, to the extent of the applicant’s knowledge, the concurrent lawful use of the mark by others, setting forth their names and addresses; registrations issued to or applications filed by such others, if any; the geographic areas of such use; the goods on or in connection with which such use is made; the mode of such use; and the periods of such use.
If the elements for a concurrent use application are omitted, the examining attorney will issue an Office action requiring the additional fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.22(b). If the initial application includes a concurrent use claim with the proper elements, the application will not lose TEAS Plus status if an element is later amended, as long as the amendment is filed through TEAS or entered by examiner’s amendment.
See TMEP §1207.04(d) for further information about the requirements for concurrent use applications.