T.M.E.P. § 401
Processing New Applications

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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401 Processing New Applications

Upon receipt in the USPTO, trademark applications filed under §1 or §44 of the Trademark Act are given a date of receipt and reviewed for compliance with the minimum requirements for receipt of a filing date (see TMEP §202). See TMEP §§201 and 1904.01(b) regarding the filing date of applications under §66(a) of the Trademark Act.

If an application meets the minimum filing date requirements, it is given a filing date and serial number. See 37 C.F.R. 2.23.

See TMEP §§204 et seq. regarding the processing of applications that are not entitled to a filing date.