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)(19). That is, the applicant must, to the extent of the applicant’s knowledge, set forth the information required in TMEP §1207.04(d)(i).
If the elements for a concurrent use application are omitted, the examining attorney will issue an Office action requiring the additional processing fee. See 37 C.F.R. §2.22(c). If the initial application includes a concurrent use claim with the proper elements, the applicant will not be required to pay the additional processing fee if an element is later amended.
See TMEP §1207.04(d)(i) for more information about the requirements for a trademark or service mark concurrent use application.