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Author Topic: Mark with both 1(b) and 44(e) bases  (Read 986 times)


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Mark with both 1(b) and 44(e) bases
« on: 01-28-17 at 05:47 am »


I just took over representation of a mark. The client has not yet started use in the United States, and a few extensions of time to file an SOU after the notice of allowance have already been filed.

I see that the mark has two bases: 1(b) - intent to use - and 44(e) - foreign registration. The extensions were filed for the basis 1(b) alone, because under 44(3) an SOU is not required before registration.

My question: I want to simply delete the 1(b) basis so that the mark will register. I don't see any problem with that, but I am wondering why the previous attorney left it that way and filed extensions of time. Is there anything I am missing? Is there any valid reason for keeping the 1(b) basis if there is also a 44(e) basis?


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