[E-trademarks] incorrect date of first use

[Crane, Susan]

As long as the use dates were before the filing of the application, there is a section in the office action to do this.  In Step 3, section 2, one of the options is to add/modify dates of use.  I don’t think any explanation is needed.

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>



From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Sam Castree via E-trademarks
Sent: Monday, July 22, 2024 2:54 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Sam Castree <sam at castreelaw.com>
Subject: Re: [E-trademarks] incorrect date of first use

Dear Umair, Are the real first-use dates earlier or later than the dates listed in the application? And would this change require changing a 1(a) application into a 1(b)? Cheers, Sam Castree, III Sam Castree Law, LLC 3421 W. Elm St. McHenry,
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Dear Umair,

Are the real first-use dates earlier or later than the dates listed in the application?  And would this change require changing a 1(a) application into a 1(b)?

Cheers,

Sam Castree, III

Sam Castree Law, LLC
3421 W. Elm St.
McHenry, IL 60050
(815) 344-6300



On Mon, Jul 22, 2024 at 12:36 PM Umair A. Qadeer via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Hi all,

A new client filed a trademark application pro se that the client now realizes has an incorrect date of first use. The examiner issued an Office Action which requires amending the description of services and separating the original services into two classes.

Is it sufficient to simply provide the correct dates of first use with each of the new descriptions of services, or will it be necessary to provide an explanation or take some other action in the Office Action response? I could include an explanation in the Miscellaneous Statement section, but I'm not sure if that will be necessary or helpful.

Thanks in advance!

Best,
Umair

-----
Umair A. Qadeer
Registered Patent Attorney
Qadeer LLC
312.248.3020
umair at qadeerip.com<mailto:umair at qadeerip.com>


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