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  • An application for registration of a trademark must be supported by a verified statement, in such form as may be prescribed by the Director.
    • Flash & Partners S.P.A. v. I. E. Manufacturing LLC, Opposition No. 91191988 (TTAB 2010)
      • An application for registration of a trademark must be supported by "a verified statement, in such form as may be prescribed by the Director." Trademark Act §1(b)(1).
  • A signed verification is not required for receipt of an application filing date under 37 C.F.R. §2.21(a), and if the initial application does not include a proper verified statement, the examining attorney must require the applicant to submit one that relates back to the original filing date.
    • Flash & Partners S.P.A. v. I. E. Manufacturing LLC, Opposition No. 91191988 (TTAB 2010)
      • In such applications, a signed verification is not required for receipt of an application filing date under 37 C.F.R. §2.21(a), and if the initial application does not include a proper verified statement, the examining attorney must require the applicant to submit one that relates back to the original filing date. See 37 C.F.R. §2.33; TMEP §804 (6th ed. rev. 2009).
  • Opposer can comply with the applicable statutory requirement by providing, even in response to the first Office action, a verified statement that it had a bona fide intent to use the mark in commerce as of the application filing date.
    • Flash & Partners S.P.A. v. I. E. Manufacturing LLC, Opposition No. 91191988 (TTAB 2010)
      • Moreover, opposer complied with the applicable statutory requirement by providing, in response to the first Office action, a verified statement that it had a bona fide intent to use the mark in commerce as of the application filing date, which statement was noted and accepted in the examining attorney's second Office action.
  • Under 37 C.F.R. §2.21, the USPTO will grant a filing date to an application filed under Trademark Act §1 or §44, even if the application is unsigned.
    • Flash & Partners S.P.A. v. I. E. Manufacturing LLC, Opposition No. 91191988 (TTAB 2010)
      • Under 37 C.F.R. §2.21, the USPTO will grant a filing date to an application filed under Trademark Act §1 or §44, even if the application is unsigned. See also TMEP §202 (6th ed. rev. 2009).
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