T.M.E.P. § 1504.01
Jurisdiction of Examining Attorney

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1504.01 Jurisdiction of Examining Attorney

As a general rule, until publication of the mark in the Official Gazette, the examining attorney has jurisdiction over the application and can issue a refusal or a requirement without the approval of the Director. In addition, for applications under §1(b) of the Act, the examining attorney has jurisdiction after issuance of the notice of allowance under §13(b) of the Trademark Act, 15 U.S.C. 1063(b). 37 C.F.R. 2.84(a).

See TMEP §1504.03 regarding action by the examining attorney after publication, and TMEP §1107 regarding amendment of a §1(b) application during the period between issuance of a notice of allowance and filing of a statement of use.