T.M.E.P. § 710.02
Evidence Indicating No Refusal or Requirement Necessary

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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710.02 Evidence Indicating No Refusal or Requirement Necessary

It is Office practice to indicate the results of a search for evidence when the examining attorney considers an issue and determines that no action will be taken on it. This information is helpful for internal review. The "Notes-to-the-File" section of the record should be used to reflect the results of a search for evidence in any case where the examining attorney determines that no action is required, but that inclusion of the results of the search would be useful in review and approval of the file. The examining attorney should simply note the parameters and results of the search conducted without stating any opinions or conclusions.

For instance, in the case of a search of telephone directories for surnames, the record should indicate only the directories investigated and the number of occurrences of the surname. Or, in the case of a search for the meaning of a term, the record should show the sources checked and whether the term was found. Examining attorneys should provide the same information indicated in TMEP §710.01(a) regarding searches of research databases in this type of case. Copies of relevant evidence may be placed in the record, if appropriate.

Examining attorneys should not provide any analysis, opinions, or conclusions regarding the evidence when the examining attorney determines that a refusal or requirement is not appropriate. The examining attorney should not place in the record copies of e-mail messages or other communications between the examining attorney and other USPTO personnel concerning the application. Also, the examining attorney should not refer to any registration or pending application that was considered in a §2(d) search unless the examining attorney determines that there is a conflict and issues an Office action based on the application or registration. The examining attorney should not place copies of marks not cited under §2(d) in the record.