T.M.E.P. § 204.01
Filing Date Cancelled if Minimum Filing Requirements not Met

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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204.01 Filing Date Cancelled if Minimum Filing Requirements not Met

Applications under §1 or §44 of the Trademark Act are labeled with a receipt date and then reviewed for compliance with the minimum requirements for receipt of a filing date set forth in 37 C.F.R. 2.21(a). If the minimum filing requirements have not been met, the USPTO denies a filing date, refunds the filing fee, and notifies the applicant of the reason(s) why the filing date was denied. If a filing date has been granted and a serial number has been assigned to the application, the USPTO cancels the filing date and serial number, and sends a notice to the applicant explaining why the application is defective.

See TMEP §1711 regarding the procedures for requesting review by the Office of the Commissioner for Trademarks of the denial of a filing date.