T.M.E.P. § 1504.02
Jurisdiction of Trademark Trial and Appeal Board

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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1504.02 Jurisdiction of Trademark Trial and Appeal Board

The Trademark Trial and Appeal Board has jurisdiction over an application upon the filing of the notice of appeal. The Board may, in response to an examining attorney's request or on its own initiative, suspend the appeal and remand the case to the examining attorney. If an examining attorney wants to issue a new refusal or requirement during an appeal, the examining attorney must file a "Request for Remand" with the Board. 37 C.F.R. 2.142(f)(6). See TBMP §§1209.01 and 1209.02; TMEP §1504.05(a).

The Board also has jurisdiction over any application in which a notice of opposition has been filed. The Board will approve or disapprove any amendments proposed during an opposition proceeding. See 37 C.F.R. 2.133; TMEP §1505.02(d) ; TBMP §§514 et seq.

In an application under §1 or §44 of the Act, if an examining attorney wants to issue a new refusal or requirement during an opposition, the examining attorney must file a "Request for Remand" with the Board. In a §66(a) application, the examining attorney may not request a remand during an opposition. 37 C.F.R. 2.130; TMEP §1504.05(a).

A request for an extension of time to file an opposition does not vest jurisdiction in the Board. In this situation, any request by the examining attorney for jurisdiction should be addressed to the Director. See TMEP §§1504.03 and 1504.04(a).