T.M.E.P. § 702.01
Order of Examination

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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702.01 Order of Examination

In general, examining attorneys should examine applications in the order in which they are received in the United States Patent and Trademark Office ("USPTO"), unless the application is made "special." See TMEP §702.02 regarding "special" applications.

Generally, amended applications (i.e., applications that contain a response from the applicant), remands from the Trademark Trial and Appeal Board, and statements of use are also reviewed in the order in which they are received in the USPTO.

Examining attorneys should act on applications that have been suspended as soon as they are removed from suspension. See TMEP §§716 et seq. regarding suspension.

Examining attorneys should immediately act on inquiries regarding applications approved for publication or issue that are returned to the examining attorney to take action or provide information.

Where appropriate, the managing attorney may direct that a particular case be given special handling.

When an examining attorney resigns, the examining attorney should spend his or her remaining time in the Office acting on older cases or those with involved records, and in getting his or her amended cases (including statements of use under 15 U.S.C. 1051(d) and appeal briefs) ready for final disposition.