| (a) When concurrently processing applications for marks
that are likely to cause confusion or mistake, when applied to the
applicant's goods and/or services, the Secretary of State will give
priority to the application with the earliest date of receipt, as
determined by §93.21 of this title (relating to Date of Receipt).
Applications for the same or similar mark that have a later date of
receipt will be cited to the conflicting pending application. The
application will be held pending until the Secretary of State makes
a final determination regarding the registration of the prior received
application.
(b) When applications have the same date of receipt,
pursuant to §93.21 of this title, the application with the later
date of execution will be held pending a final determination of the
application with the earlier date of execution. An application that
does not specify a date of execution will be presumed to have been
executed no earlier than:
(1) its postmark date, if mailed; or
(2) its date of receipt, if delivered by other means.
(c) When applications have the same date of receipt
and the same date of execution, the trademark examiner will give priority
to the application stating the earliest date of first use in this
state.
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