• Trademark Manual of Examining Procedure
  • Change Summary
  • Change Summary

    CHANGES: INDEX TO CHANGES IN TMEP November 2023

    Attention is directed to the following changes in the November 2023 TMEP.

    SECTION

    CHANGE

    TMEP

    Incorporated changes in accordance with final rules issued at 87 FR 61244 (International Trademark Classification Changes), 87 FR 62032 (Changes To Implement Provisions of the Trademark Modernization Act of 2020; Delay of Effective Date and Correction) and 86 FR 64300 (Changes to Implement Provisions of the Trademark Modernization Act of 2020), relevant precedential decisions reported prior to October 31, 2022, and Examination Guides 2-22, 2-23, and 3-23.

    101

    Updated hyperlink.

    105

    Revised section title: General Information About Trademarks. Revised to delete reference to e-booklet and add hyperlink to USPTO website.

    108.03

    Added revisions to 37 C.F.R. §2.23(d) in accordance with changes enacted at 86 FR 64300. Added cross reference.

    202

    Revised cross reference.

    202.03

    Replaced citation to notices with final rule issued at 84 FR 37081. 

    204.03

    Revised in accordance with Examination Guide 2-22. Added cross reference. Miscellaneous text edits.

    304.02

    Revised to include requests for an extension of time to respond to an Office action as an example of a request that may not be made by email.

    310

    Updated example. Added cross reference.

    403

    Updated rule citation and added revisions in accordance with changes enacted at 86 FR 64300.

    501.07

    Miscellaneous text edits.

    502.02(a)

    Revised section title: Applications Under Trademark Act §1 and §44. Miscellaneous text edits. Updated procedure for requesting that a registration issue in the name of a new owner.

    502.02(b)

    Revised section title: Applications Under Trademark Act §66(a). Miscellaneous text edits. Updated procedure for recording a change of ownership and requesting that a registration issue in the name of a new owner.

    502.02(c)

    Miscellaneous text edits.

    502.03

    Miscellaneous text edits. Updated to indicate that for a §1 or §44 registration, a written request that a new certificate of registration be issued in the new owner’s name must include the current domicile street address and email address of the new owner. For registered extensions of protection, updated procedure for filing a request to record a change in ownership and when the USPTO will issue a new certificate of registration. Changed “Assignment Recordation Branch” to “Post Registration Division” in the fifth paragraph. 

    505.01

    Deleted the second sentence. Miscellaneous text edits.

    601.01

    Revised in accordance with Examination Guide 3-23. Updated cross reference.

    601.01(a)

    Revised in accordance with Examination Guide 3-23.

    601.01(b)

    Revised in accordance with Examination Guide 3-23.

    601.01(b)(1)

    Section deleted.

    601.01(c)

    New section: Examination Procedures for Reviewing Domicile Addresses.

    601.01(c)(i)

    New section: Determining the Acceptability of Domicile Addresses. Incorporated text from Examination Guide 3-23.

    601.01(c)(ii)

    New section: Evaluating a New Domicile Address Provided in Response to a Domicile Address Requirement. Incorporated text from Examination Guide 3-23.

    601.01(c)(iii)

    New section: Reviewing General Arguments or Evidence Provided in Response to a Domicile Address Requirement. Incorporated text from Examination Guide 3-23.

    601.01(c)(iv)

    New section: Reviewing “No Fixed Physical Address” Explanation. Incorporated text from Examination Guide 3-23.

    601.01(c)(iv)(A)

    New section: Response Options for Applicants or Registrants with “No Fixed Physical Address”. Incorporated text from Examination Guide 3-23.

    601.01(c)(iv)(B)

    New section: Reviewing the Name, Title, and Domicile Address of an Individual with Legal Authority to Bind the Juristic Entity. Incorporated text from Examination Guide 3-23.

    601.01(c)(v)

    New section: Checking the Record for a Petition to the Director to Waive the Domicile Address Requirement. Incorporated text from Examination Guide 3-23.

    601.01(d)

    Renumbered previous section 601.01(c) to 601.01(d). Updated cross reference.

    601.01(e)

    Renumbered previous section 601.01(d) to 601.01(e). Deleted second paragraph. Miscellaneous text edit.

    601.02

    Added revisions to 37 C.F.R. §2.18(a)(2) in accordance with changes enacted at 86 FR 64300.

    604.01

    Added reference to practitioners who have been falsely, fraudulently, or mistakenly designated as a representative. Added rule citation.

    604.03

    Updated cross reference.

    608.02

    Clarified the Commissioner of Trademarks’ authority to impose sanctions. Miscellaneous text edits.

    609

    Added revisions to 37 C.F.R. §2.18 in accordance with changes enacted at 86 FR 64300.

    609.01(a)     

    Clarified who receives the first Office action for a §66(a) application from the IB and the procedure for changing the representative designated in the international registration.

    611.01(a)

    Revision to 37 C.F.R. §11.18.

    611.01(c)

    Revised in accordance with Examination Guide 2-23.

    611.01(c)(i)

    New section: Electronic Signatures Generated Using Document-signing Software. Incorporated text from Examination Guide 2-23.

    611.01(c)(ii)

    New section: Requirements for Electronic Signatures Generated Using Document-signing Software. Incorporated text from Examination Guide 2-23.

    611.03(a)

    Revised in accordance with Examination Guide 2-22. Added cross reference.

    611.03(b)

    Revised in accordance with Examination Guide 2-22. Added cross references.

    611.05(a)

    Miscellaneous text edit.

    701

    Updated text of 15 U.S.C. §1062.

    702.03(a)(i)

    Revised to clarify that any companion applications may only be self-assigned by the examining attorney at the time of initial examination of the new application.

    705.07

    Clarified that a date is not placed on first Office actions for §66(a) applications. Added cross reference.

    705.08

    Revised section title: Response Clause. Revised section in accordance with Examination Guide 2-22.

    706

    Revised cross reference. Clarified that a new ground for refusal is one that should have been raised in the first Office action. Clarified procedure for ensuring notification to the IB.

    706.01

    Miscellaneous text edits.

    707

    Revised section in accordance with Examination Guide 3-23. Miscellaneous text edits.

    707.03

    Deleted reference to six-month response clause.

    708.01

    Added “if necessary” in second paragraph.

    708.03

    Deleted reference to six-month response clause. Added “if necessary” to fourth paragraph.

    708.04

    Added “if necessary” to the second to last paragraph.

    708.05

    Revised section title: Combined Examiner’s Amendment and Priority Action. Miscellaneous text edits. Deleted reference to six-month response clause.

    710.01

    Updated to clarify that an examining attorney’s refusal or requirement must ultimately be supported with relevant evidence. Miscellaneous text edits.

    710.01(b)

    Miscellaneous stylistic edit. Added case citations.

    711

    Revised in accordance with Examination Guide 2-22. 

    711.01

    Revised section title: Request for Extension of Time to Respond. Added to incorporate procedures set forth in Examination Guide 2-22.

    711.01(a)

    New section: Requirements for Request for Extension of Time to Respond.

    711.01(b)

    New section: Time for Filing a Request for Extension of Time to Respond.

    711.02

    Renumbered previous section 711.01 to 711.02. Revised in accordance with Examination Guide 2-22. 

    711.03

    Renumbered previous section 711.02 as 711.03. Revised in accordance with Examination Guide 2-22. 

    712.02

    Deleted references to six-month response period and response clause. Miscellaneous text edits.

    712.03

    Deleted reference to six-month response period.

    713.03

    Revised to indicate that the USPTO’s automated records are not updated to show that the registration is cancelled or expired until approximately 10 days after the expiration of the grace period.

    714

    Added revisions to 37 C.F.R. §2.63(b) in accordance with changes enacted at 86 FR 64300.

    714.04

    Revised to clarify the applicant’s response options after a final action in the fourth paragraph. Deleted reference to six-month response clause.

    714.05(a)

    Deleted reference to six-month response clause. Added cross reference.

    714.05(a)(i)

    Deleted reference to six-month response clause. Added cross reference.

    714.05(d)

    Miscellaneous text edits. Deleted references to six-month response clause. Added cross reference.

    714.06

    Deleted reference to six-month response clause. Added cross reference.

    715.01

    Deleted references to six-month response period. Added cross references. Miscellaneous text edits.

    715.02

    Deleted reference to six-month response period.

    715.03

    Added rule citation and cross reference. Updated statutory citation. Deleted references to six-month response period. Miscellaneous text edits. Clarified when the Director will reverse the examining attorney’s action on petition.

    715.03(a)(ii)(B)

    Miscellaneous text edits. Deleted reference to six-month response clause.

    715.03(a)(ii)(C)

    Miscellaneous text edits. Deleted references to six-month response period.

    715.03(a)(ii)(D)

    Deleted reference to six-month response period. Miscellaneous text edits.

    715.03(a)(ii)(E)

    Miscellaneous text edits. Deleted references to six-month response period.

    715.03(b)

    Deleted references to six-month response clause. Added cross reference. Miscellaneous text edits.

    715.03(c)

    Clarified when the Director will reverse the examining attorney’s action on petition.

    715.04(a)

    Miscellaneous text edits. Deleted reference to six-month response clause.

    715.04(b)

    Deleted references to six-month response period. Miscellaneous text edits. Added cross reference.

    716

    Added revisions to 37 C.F.R. §2.67 in accordance with changes enacted at 86 FR 64300. Miscellaneous text edits. Added cross reference.

    716.01

    Deleted reference to six-month response period.

    716.02

    Miscellaneous text edits. Added cross reference. Revised to clarify that examining attorneys must not suspend action on an application pending a decision on petition to the Director except upon permission from the Petitions Office or when expressly permitted.

    716.02(e)

    Revised to indicate that the USPTO’s automated records are not updated to show that the registration is cancelled or expired until approximately 10 days after the expiration of the grace period. Miscellaneous text edits. Deleted reference to six-month response period.

    716.02(f)

    Deleted reference to six-month response period. Updated example in accordance with Examination Guide 2-22. Miscellaneous text edits. Added cross reference.

    716.02(j)

    Miscellaneous text edits.

    716.02(k)

    New section: Pending Disposition of Post Registration Audit.

    716.02(l)

    New section: Pending Decision on a Petition to Waive the Domicile Address Requirement.

    716.06

    Deleted reference to six-month response period. Miscellaneous text edits. Added cross reference.

    718.02

    Revised section title: Failure by Applicant to Take Required Action During the Relevant Response Period. Updated text of 15 U.S.C. §1062(b). Deleted references to six-month response period. Added cross references.

    718.03

    Added revisions to 37 C.F.R. §2.65(a) in accordance with changes enacted at 86 FR 64300. Revised section in accordance with Examination Guide 2-22. Clarified procedure relating to properly signed but incomplete responses to nonfinal actions. Miscellaneous text edits.

    718.03(a)

    Clarified procedure relating to properly signed but incomplete responses to nonfinal actions. Miscellaneous text edits.

    718.03(b)

    Deleted references to six-month response period. Added cross references. Miscellaneous text edits. Clarified when the Director will reverse the examining attorney’s action on petition.

    718.06

    Deleted references to six-month response period. Added cross references.

    719

    Revised in accordance with Examination Guide 2-22. Miscellaneous text edits. Added cross reference.

    720

    Revised section title: Fraudulent Filings. Updated procedure for USPTO communications pertaining to suspected fraud.

    803.03(a)

    Updated hyperlink to MM2 International Registration application form.

    803.05(a)

    Revised in accordance with Examination Guide 3-23. Added cross references. Deleted cross references.

    806.01(e)

    Miscellaneous stylistic edit. Deleted citation to the guide to international registration.

    806.02(d)

    Miscellaneous text edits. Updated statutory citation.

    806.03(j)(iii)

    Revised to change the wording “six-month” to “three-month.” Added cross reference. Updated cross reference.

    807.05(c)

    Clarified when it is acceptable to depict a mark in white on a black background.

    819.01(l)

    Revised in accordance with Examination Guide 2-23.

    819.03

    Miscellaneous stylistic edits.

    904

    Added case citation.

    904.01(a)

    Added rule citation.

    904.03(a)

    Miscellaneous stylistic edit.

    1003.04(c)

    Revised in accordance with Examination Guide 2-22. Added cross reference.

    1101

    Clarified that where an intent-to-use application recites commerce that is unlawful under another federal statute, an inquiry may issue. Added cross reference.

    1104.10(a)

    Revised to change the wording “six-month” to “three-month.” Added cross reference.

    1109.09(a)

    Revised to change the wording “six-month” to “three-month.” Added cross reference.

    1109.09(b)

    Revised to change the wording “six-month” to “three-month.” Added cross reference.

    1109.10

    Revised to change the wording “six-month” to “three-month.” Added cross reference.

    1109.15(a)   

    Deleted references to six-month response period. Added cross reference.

    1109.16(a)   

    Revised in accordance with Examination Guide 2-22. Added cross reference.

    1109.16(b)

    Revised in accordance with Examination Guide 2-22. Added cross reference.

    1109.16(c)   

    Deleted reference to six-month response period. Updated example.

    1109.16(d)

    Revised section title: Timely Response to Office Action Required Regardless of Expiration Date of Period for Filing the Statement of Use. Revised in accordance with Examination Guide 2-22. Added cross references. Updated examples. Miscellaneous text edits.

    1110.11(a)

    Deleted citation to the guide to international registration. Added citation to Madrid Common Regulations.

    1202.02(b)(i)

    Added case citations. Deleted case citation.

    1202.02(b)(ii)

    Deleted case citation.

    1202.04

    Added case citation. Miscellaneous stylistic edits.

    1202.04(b)

    Miscellaneous stylistic edit. Added case citation.

    1202.05(a)   

    Miscellaneous text and stylistic edits. Added case citation.

    1202.05(b)

    Added case citation. Deleted case citations. Miscellaneous stylistic edits.

    1202.07

    Revised section title: Marks That Identify Columns, Sections, and Supplements of Publications.

    1202.07(a)

    Revised section title: Marks That Identify Columns, Sections, and Supplements of Printed, Downloadable, or Recorded Publications in §1(a) Applications. Added case citation and revised section pursuant to decision. Added cross reference.

    1202.07(a)(i)

    Revised section title: Syndicated Columns and Sections in §1(a) Applications. Added case citation. Miscellaneous text edits.

    1202.07(a)(ii)

    Revised section title: Non-Syndicated Columns and Sections in §1(a) Applications. Added case citation. Revised to include factors to consider when evaluating whether non-syndicated columns or sections are “goods in trade”.

    1202.07(a)(iii)

    Added case citation. Miscellaneous text edits. Deleted last sentence of first paragraph.

    1202.07(b)

    Miscellaneous text edits.

    1202.08

    Miscellaneous text and stylistic edits. Added case citation.

    1202.08(a)

    Clarified that a single creative work provided in different formats is still considered a single creative work. Added case citations. Miscellaneous stylistic edit.

    1203.03(a)(ii)

    Updated case citation.

    1203.03(b)(i)

    Miscellaneous text and stylistic edits. Added case citation.

    1204

    Miscellaneous stylistic edit. Added case citation.

    1207.01(a)

    Added case citation.

    1207.01(a)(iii)         

    Miscellaneous stylistic edits.

    1207.01(b)   

    Miscellaneous stylistic edits. Added case citation.

    1207.01(b)(vi)(B)

    Updated hyperlink.

    1207.01(b)(ix)

    Added case citation.

    1207.01(c)(ii)

    Added case citations. Updated case citation. Miscellaneous text edits.

    1207.01(c)(iii)         

    Added case citations. Miscellaneous stylistic edits.

    1207.01(d)(ii)

    Added case citation.

    1207.01(d)(iii)

    Added case citation. Added statutory citation. Miscellaneous stylistic edits.

    1207.01(d)(iv)

    Added case citation.

    1207.01(d)(viii)

    Revised to include factors to consider when weighing a consent agreement. Added case citations. Miscellaneous text and stylistic edits.

    1207.01(d)(ix)

    Miscellaneous text and stylistic edits. Deleted case citations. Added case citation.

    1207.01(d)(xi)

    Clarified that ownership of registrations containing an alleged family feature is not sufficient in and of itself to establish that a party owns a family of marks. Added case citations. Miscellaneous text edits.

    1209.01(b)

    Miscellaneous stylistic edits. Added case citation.

    1209.03(c)

    Added case citations.

    1209.03(d)

    Miscellaneous stylistic edits. Added case citation.

    1209.03(p)

    Miscellaneous stylistic edits. Added case citation.

    1211.01

    Miscellaneous text and stylistic edits. Added case citations.

    1211.01(a)

    Added case citations.

    1211.01(a)(vi)

    Miscellaneous stylistic edit. Added case citation.

    1211.01(b)(vi)

    Miscellaneous stylistic edits. Added case citation.

    1211.02(a)

    Added case citation. Miscellaneous stylistic edits.

    1211.02(b)(iv)

    Added case citations.

    1211.02(b)(vi)

    Added case citation.

    1212.05(b)

    Added case citations.

    1212.06(b)   

    Miscellaneous stylistic edit. Added case citations.

    1213.05

    Added case citation. Miscellaneous stylistic edits.

    1213.05(f)

    Added case citation.

    1213.05(h)

    Added case citation.

    1215.02(d)

    Miscellaneous text and stylistic edits. Updated access date for hyperlink.

    1217

    Added case citation. Miscellaneous stylistic edit.

    1301.02

    Added case citation. Miscellaneous stylistic edits.

    1301.03(a)

    Added case citation.

    1301.03(b)

    Added case citation. Miscellaneous text and stylistic edits.

    1303.01(a)(v)

    Miscellaneous stylistic edit. Deleted citation to the guide to international registration.

    1306.02(a)(v)

    Miscellaneous stylistic edit. Deleted citation to the guide to international registration.

    1306.05(h)

    Updated to clarify when an identification requirement must issue for marks comprised of or containing an AVA designation or where the specimen or other evidence of record indicates that the goods and/or services originate or are produced in an AVA.

    1401.02(a)

    Updated references to current version of Nice Agreement. Updated information regarding indications of goods or services appearing in the headings of Classes 6, 10, 20, 36, 39, 42, and 45.

    1401.03

    Miscellaneous stylistic edit.

    1401.03(c)

    Miscellaneous stylistic edit.

    1401.05

    Miscellaneous text edit.

    1401.05(c)

    Clarified that identifications for multipurpose composite goods must clearly indicate the particular components and purposes of the goods. Added example.

    1401.05(e)

    Added reference to the 12 th edition of the Nice Agreement.

    1401.12

    Miscellaneous text edits. Updated cross references.

    1401.12(a)

    Miscellaneous text edits.

    1401.13

    Deleted last sentence.

    1401.13(c)

    Miscellaneous text edit.

    1401.14

    Deleted last sentence.

    1401.14(e)

    Miscellaneous text edits.

    1401.15

    New section: General Summary of Major Changes in Practice Based on the 12 th Edition of the Nice Agreement.

    1401.15(a)

    New section: Dispensers.

    1401.15(b)

    New section: Downloadable Digital Files Authenticated by Non-fungible Tokens (NFTs).

    1402.01

    Miscellaneous stylistic edit. Added example.

    1402.01(a)

    Clarified that the percentage sign should not be included in an identification.

    1402.02

    Added examples of wording that does not meet the requirements for a filing date.

    1402.03

    Updated example.

    1402.03(a)

    Miscellaneous text edits.

    1402.03(d)

    Miscellaneous text edit.

    1402.03(e)

    Clarified guidance regarding identifying “general human interest” or “general interest” as the subject matter for publications.

    1402.11(a)(vi)

    Clarified that “retail services” is an indefinite identification and that “sales” cannot be listed as the primary activity in an identification. Added cross references.

    1501

    Updated text of 15 U.S.C. §1070. Revised in accordance with Examination Guide 2-22. Updated statutory and rule citations. Added cross references.

    1501.02(a)

    Deleted reference to six-month response period. Added cross reference. Miscellaneous stylistic edit. Added case citation.

    1501.04       

    Deleted reference to six-month response period. Added cross reference.

    1604.11

    Miscellaneous stylistic edit. Added case citations. Deleted case citation. Clarified that a mere intention to sell a mark separate and apart from the ongoing business or existing goodwill does not establish an intent not to abandon the mark nor excuse nonuse.

    1604.23

    New section: Correction of §8 Affidavit or Declaration.

    1605.03

    Miscellaneous text edits.

    1609.02

    Updated to correct the title of and citation to the guide to international registration.

    1609.10(a)

    Revised to change the wording “six-month” to “three-month.” Added cross reference.

    1610

    Revised to clarify procedures for submitting a certified court order to the USPTO.

    1612.01

    Revised cross references.

    1612.01(b)

    Deleted cross reference. Updated cross references.

    1612.02

    Updated cross references.

    1613.23

    New section: Correction of §71 Affidavit or Declaration.

    1701

    Added rule citation.

    1702

    Added revisions to 37 C.F.R. §2.146 in accordance with changes enacted at 86 FR 64300. Deleted reference to six-month response period and added cross reference.

    1703

    Added rule citations. Revised to change the wording “considered” to “reviewed.” Clarified that for a petition to review the action of an examining attorney and for a petition to reverse a nonfinal interlocutory order of the Trademark Trial and Appeal Board the subject matter must be procedural in nature. Added paragraphs relating to petitions to reinstate a cancelled registration and accept a late response to an Office action, petitions to the director regarding an international application or registration, and petitions to redact information from USPTO records. Added cross references. Deleted paragraph regarding petitions to reissue or accept a late response to a post registration Office action due to non-receipt. 

    1704

    Miscellaneous text edit. Revised to change the wording “dismissed” to “denied.” Clarified that a party may petition the Director to review an interlocutory order of the Board.

    1705.01

    Added rule citation. Miscellaneous text edits.

    1705.02

    Deleted third paragraph.

    1705.03

    Clarified that a petition based on registrant not receiving an email notification for a post-registration Office action should be accompanied by a proposed response to the Office action. Clarified that evidence consisting only of a verified statement without supporting evidence may not be sufficient.

    1705.04

    Section reworded for clarity.

    1705.05

    Added revisions to extract of 37 C.F.R. §2.23 in accordance with changes enacted at 86 FR 64300.  Clarified the responsibility of applicant or registrant to promptly request corrective action in writing.

    1705.06

    Updated text of 37 C.F.R. §2.146(g). Miscellaneous text edits. Added cross reference.

    1705.07(a)

    Revised to indicate that a petitioner may be granted “additional time” to appoint a qualified U.S. attorney and to supplement the petition, as appropriate.

    1706

    Miscellaneous text edits.

    1708.01

    New section: Petition to Waive Domicile Address Requirement.

    1709.01(a)

    Clarified that documents submitted via facsimile when not expressly authorized by a posted USPTO notice or at the written direction of USPTO staff will not be accorded a date of receipt. Added rule citation. Miscellaneous text edits.

    1709.01(b)

    Added reference to TEAS form previews.

    1710.01

    Clarified additional situation for when the Director may exercise supervisory authority to grant a Petition to Make Special.

    1712.02(a)

    Deleted third sentence. Revised to change the wording “dismissed” to “denied.” Added last paragraph. 

    1712.02(b)

    Revised section title: Petition to Reinstate a Cancelled Registration and Accept a Late Response to a Post Registration Office Action. Deleted first sentence. Miscellaneous text edits.

    1712.02(b)(i)

    Clarified that a petition requesting to reinstate a cancelled registration and accept a late response must include a response to the Office action.

    1712.02(b)(ii)

    Clarified procedures for when the petition is based on registrant not having received the notification of an Office action.

    1712.02(b)(iii)

    Revised to change the wording “dismissed” to “denied.”

    1713.01

    Deleted reference to six-month response period. Clarified when the Director will reverse the examining attorney’s holding of abandonment. Added cross reference. Added examples of when petitions will generally be denied.

    1713.02

    Miscellaneous text edits. Added cross reference. Deleted second paragraph. Additional guidance provided regarding petitions where the response was signed by an improper party.

    1714

    Added revisions to 37 C.F.R. §2.66 in accordance with changes enacted at 86 FR 64300.

    1714.01(a)(i)

    Revised in accordance with Examination Guide 2-22.

    1714.01(a)(ii)

    Revised in accordance with Examination Guide 2-22.

    1714.01(b)

    Deleted reference to when the petition fee will be refunded.

    1714.01(d)

    Clarified that if a petition is untimely, the petition fee will not be refunded.

    1714.01(f)(ii)(A)

    Deleted reference to six-month response period. Clarified situations when the Director will reverse an examining attorney’s action. Added cross reference.

    1715

    Updated text of 37 C.F.R. § 2.149. Deleted third sentence. Miscellaneous stylistic edit.

    1715.01

    Deleted last sentence.

    1715.01(a)

    Added guidance regarding evidence. Miscellaneous text edits.

    1715.01(b)

    Deleted third and fifth examples.

    1715.04(c)

    Clarified procedures for examining attorneys after it is determined that evidence submitted with a letter of protest filed on the date of publication or after publication should be included in the record.  

    1715.05

    Changed time for when a protestor who has not received a response to a letter of protest should contact the Petitions Office to confirm receipt of the letter of protest.

    1715.05(a)

    Revised to include additional guidance regarding evidence for supporting an objection to a specimen in a protested application as well as an objection based on the mark being a widely used message or common phrase.

    1715.05(b)

    Additional guidance incorporated regarding including the URL address and access date for website evidence. 

    1715.06       

    Updated procedure for requesting a copy of a letter of protest.

    1716.04(a)

    Updated cross reference.

    1716.04(b)

    Added cross reference.

    1716.04(e)

    Added cross reference.

    1900

    Revised to correct the title of the guide to international registration. 

    1902.02(d)

    Updated guidance regarding the requirements for a reproduction of the mark when the mark in the basic application or registration is depicted in black and white, and the basic application or registration includes a color claim.

    1902.02(m)

    Added citation.

    1904.01(i)

    Updated cross reference.

    1904.02(f)

    Clarified that the effective date of a restriction for determining priority of the filing is its date of recordal in the international register.

    1904.02(f)(i)

    Miscellaneous text edits. Revised to remove reference to “basic” when referring to the listing of goods/services in the international registration.

    1904.02(f)(ii)

    Miscellaneous text edits. Deleted third paragraph.

    1904.02(h)

    Updated statutory citation. Updated rule citation. Miscellaneous text edits.

    1904.02(i)

    Updated cross reference.

    1904.03(a)

    Clarified that a new ground for refusal is one that should have been raised in the first Office action. Clarified procedure for ensuring notification to the IB.

    1904.03(f)

    Clarified procedure for ensuring a new Office action is sent to the IB.

    1904.03(g)(i)

    Clarified procedures regarding limitations to goods/services in applications.

    1904.07

    Added fifth reason for when invalidation of a registered extension of protection to the United States may occur. Added cross reference.

    1904.07(d)

    New section: Invalidation Resulting from Expungement Proceedings.

    1904.07(e)

    Renumbered previous section 1904.07(d) to 1904.07(e). Updated the procedure for a holder to expedite the issuance of the notice of invalidation to the IB.

    1904.15(a)

    Clarified procedures regarding limitations to goods/services in registrations.

    1906.01(e)

    Deleted last paragraph except for cross references.

    Appendix E

    Updated Community Trademark (CTM) to European Union Trademark (EUTM).

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