T.M.E.P. § 705
The Examining Attorney's Letter or Action

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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705 The Examining Attorney's Letter or Action

If an examining attorney determines that a mark is not entitled to registration, or that amendment is required, the examining attorney will notify the applicant in a written Office action, or by a telephone conversation that is normally followed by a written action. This constitutes the examining attorney's official action.

Written Office actions may be of a variety of styles, including: (1) an "examiner's amendment," in which the examining attorney formally makes amendments to the application (see TMEP §§707 et seq.); (2) a "priority action," setting forth requirements and/or reasons for refusal discussed by telephone with the applicant or the applicant's attorney (see TMEP §§708 et seq.); (3) a letter explaining bases for refusal and requirements; (4) an examiner's amendment combined with a priority action (see TMEP §708.05) ; or (5) a suspension notice (see TMEP §§716 et seq.). Office actions may be prepared through the use of standardized form paragraphs, or written specifically to address the particular facts. The examining attorney may send the Office action by regular mail, fax, or by e-mail, if the applicant has authorized e-mail communications. See TMEP §§304 et seq. regarding e-mail.

The USPTO encourages the use of examiner's amendments and priority actions, whenever appropriate.