T.M.E.P. § 705.03
Citation of Reference Marks

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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705.03 Citation of Reference Marks

When refusing registration under 15 U.S.C. 1052(d) based on a likelihood of confusion with a previously registered mark, the examining attorney must give the registration number(s), attach a copy (or electronic equivalent) of each cited registration to the Office action, and place a copy of the cited registration in the record. The examining attorney should explain the reasons that the mark in each cited registration is grounds for refusal under §2(d).

If an applicant notifies the USPTO that the USPTO failed to attach a copy (or electronic equivalent) of a cited registration, the USPTO will remail the Office action with a new mailing date.