Examination guides issued after the publication of the Trademark Manual of Examining Procedure (TMEP) (October 2018), or any issued before publication but not incorporated into the TMEP, are listed below. Generally, examination guides issued before publication of the October 2018 TMEP have been incorporated into the TMEP.
- Exam Guide 2-18 Section 2(a)’s Scandalousness Provision While Constitutionality Remains in Question during Period to Petition for Certiorari to U.S. Supreme Court (May 2018) [word]
- Exam Guide 1-17 Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with Section 2(a)’s Scandalousness Provision While Constitutionality Remains in Question (June 2017) [word]
- Exam Guide 1-16 Compliance with Section 2(a)’s Scandalousness and Disparagement Provisions While Constitutionality Remains in Question (March 2016) [word]
- Exam Guide 1-11 (Section 2(a) Deceptiveness for Class 5 Goods) (May 2011) [word]
Trademark user input
In response to feedback from practitioners and other stakeholders expressing a desire to provide constructive input on examination guides before they are finalized, draft versions of guides are made available for comment through the IdeaScale® website. When a draft is available for comment, we will post it on the trademark user input page and send a Trademark Alert email. Subscribe to alert emails here.
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