1609.07    Dates of Use

The USPTO will accept a correction request changing the dates of use, even if the corrected dates are later than the dates originally set forth in the registration. See In re Pamex Foods, Inc., 209 USPQ 275 (Comm’r Pats. 1980); Grand Bag & Paper Co. v. Tidy-House Paper Prods., Inc., 109 USPQ 395 (Comm’r Pats. 1956).  However, the USPTO will not enter a correction if the corrected dates are later than the dates that would have been accepted during examination. Therefore, the USPTO will not enter the following corrections:

  • If the application for the registration was based on use in commerce under 15 U.S.C. §1051(a), the registration cannot be corrected to specify a date of use that is later than the application filing date (see 37 C.F.R. §2.71(c)(1) );
  • If the application for the registration was based on intent-to-use under 15 U.S.C. §1051(b)  in which a statement of use was filed under 15 U.S.C. §1051(d), the registration cannot be corrected to specify a date of use that is later than the statutory deadline for filing the statement of use (i.e., within six months of the issuance date of the notice of allowance or before the expiration of an extension of time for filing a statement of use) (see 37 C.F.R. §2.71(c)(2) );
  • If the application for the registration was based on intent-to-use under 15 U.S.C. §1051(b)  in which an amendment to allege use was filed under 15 U.S.C. §1051(c), the registration cannot be corrected to specify a date of use that is later than the filing date of the amendment to allege use (see TMEP §903.04); and
  • The date of first use in commerce may not be earlier than the date of first use anywhere (see TMEP §903.03).