Relation Between the Two Dates of Use

The application or allegation of use must specify both

the date of first use anywhere and the date of first use in commerce.  If the date

of first use anywhere was also in a type of commerce that may be regulated by the

U.S. Congress (

see

TMEP §901.03

), the date of first use and the date of

first use in commerce will be the same date.

The date of first use anywhere will always be either

earlier than or the same as the date of first use in commerce.  If the date of first

use anywhere specified in an application or allegation of use is later than the date

of first use in commerce, the examining attorney must require clarification.

See

37

C.F.R. §2.61(b)

.

The requirement that an applicant specify the date of

first use anywhere as well as the date of first use in commerce applies to all

applicants, including foreign applicants, in applications filed under §1(a) or §1(b)

of the Act.

In re Sevi S.p.A.,

1 USPQ2d 1671, 1671 (TTAB

1986).