[E-trademarks] Supplemental Register, amendment timing for use in commerce

[Heather Balmat]

I had a similar situation and was able to submit a new, acceptable specimen. I think the Examiner had to issue a final refusal on the matter in the meantime but then withdrew it after the new specimen was filed.




Heather Balmat, PLLC
977 Seminole Tr., #342
Charlottesville, VA 22901
(434) 260-1837

On Apr 3, 2024, at 5:38 PM, Stephen McArthur via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:

 I have a hypothetical for amending a 1(b) application to the Supplemental Register before publication. The timing would be: January 1st, Applicant amends to Supplemental Register and files an allegation of use
Examiner rejects the specimen for not showing use in commerce on the goods in the application.
Applicant changes use in commerce date to Feb 1st, and submits a new specimen properly showing use in commerce as of that date.

Is this possible? Or will applicant lose the application if they show up with a first use in commerce date that is even one day after they attempted to amend to the Supplemental Register?

Thanks in advance!

The McArthur Law Firm
Stephen Charles McArthur
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