T.M.E.P. § 1501.01
Appealable Matter

Executive summary:

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1501.01 Appealable Matter

An applicant who wishes to contest a refusal based on a matter of substance (e.g., a matter arising under §§2, 3, 4, 5, 6 and 23 of the Act of 1946, 15 U.S.C. §§1052, 1053, 1054, 1055, 1056 or 1091), should file an appeal to the Trademark Trial and Appeal Board, not a petition to the Director.

If the only issue in dispute is a question regarding the applicant's compliance with a technical provision of the Trademark Act or Trademark Rules of Practice, the applicant may file a petition to the Director rather than an appeal. See 37 C.F.R. §§2.63 and 2.146. See TMEP §1704 and TBMP §1201.05 regarding petitionable matter versus appealable matter.

An examining attorney's requirement that is the subject of a petition decided on the merits by the Director may not subsequently be the subject of an appeal to the Board. 37 C.F.R. 2.63(b).