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Chapter 1000

Applications Under Section 44

1001 Section 44 Applications - General

1002 Eligible Applicants Under §44

1002.01 Eligible Applicants Under §44(e)

1002.02 Eligible Applicants Under §44(d)

1002.03 Establishing Entitlement Under a Treaty

1002.04 Establishing Country of Origin

1002.05 United States Applicants

1003 Section 44(d) - Priority Filing Date Based on a Foreign Application

1003.01 The “First-Filed” Requirement

1003.02 Priority Claim Must Be Filed Within Six Months of Foreign Filing

1003.03 Basis for Registration Required

1003.04 Suspension Awaiting a Foreign Registration

1003.04(a) Applications Based Solely on Section 44

1003.04(b) Multiple-Basis Applications

1003.04(c) Periodic Inquiries Issued as to Status of Foreign Application

1003.05 Section 44(d) and Priority for Publication

1003.06 Applicants May File Under Both §§44(d) and 44(e)

1003.07 Application May be Based on More Than One Foreign Application

1003.08 Abandonment of the Foreign Application

1004 Applications Based on Foreign Registrations under §44(e)

1004.01 Copy of Foreign Registration Required

1004.01(a) Status of the Foreign Registration

1004.01(b) Translation of the Foreign Registration

1004.02 Application May be Based on More Than One Foreign Registration

1005 Ownership of the Foreign Application or Registration

1006 Assignment of §44 Applications

1007 Standards for Registration Under Section 44

1008 Bona Fide Intention to Use the Mark in Commerce

1009 Allegation of Use and Specimen of Use Not Required Prior to Registration

1010 Proof of Acquired Distinctiveness in §44 Applications

1011 Drawings

1011.01 Substantially Exact Representation of Mark in Foreign Registration

1011.02 One Mark Per Application

1011.03 Amendment of Drawing

1011.04 Drawings and Descriptions of Three-Dimensional and Non-Visual Marks

1012 Identification of Goods and Services

1013 Designation of Domestic Representative by Applicants Not Domiciled in the United States

1014 Section 44 Applications for the Supplemental Register

1015 Section 44 Registration Independent of Underlying Foreign Registration

1016 International Registration As Basis for §44 Application