Basis for Registration Required

Section 44(d) of the Act provides a basis for receipt of a

priority filing date, but not a basis for publication or registration. Before an application

may be approved for publication, or allowed for registration on the Supplemental Register,

the applicant must establish a basis for registration under §1(a), §1(b), or §44(e) of the

Act.

See

37 C.F.R.

§2.34(a)(4)(iii)

. See

TMEP

§1002.02

regarding applications that are entitled to a priority

filing date under §44(d), but are not entitled to registration under §44(e) because the

foreign application was filed in a treaty country that is not the applicant’s country of

origin.

An applicant may claim more than one basis for registration

(i.e., §44(e) in addition to §1(a) or §1(b)). If the applicant claims a §1(b) basis, the

applicant must file an allegation of use (i.e., either an amendment to allege use under

15 U.S.C. §1051(c)

or a statement of use under

15 U.S.C.

§1051(d)

) before the mark can be registered. See

TMEP §806.01(b)

regarding the requirements for a §1(b) basis and

§§1004-1004.02

regarding the requirements

for registration under §44(e).

A §44(d) applicant may not assert a basis under §66(a) of the

Trademark Act, based on an extension of protection of an international registration to the

United States.

See

37 C.F.R.

§§2.34(b)

,

2.35(a)

.