T.M.E.P. § 714.04
Form of the Final 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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714.04 Form of the Final Action

When making an action final, the examining attorney should restate any requirements or refusals that remain outstanding, and should cite the rule(s) and/or statute(s) that provide the basis for these refusals or requirements. The examining attorney should place all evidence in support of his or her refusal in the record at the time the final action is issued.

The final action should include a clear and unequivocal statement that the refusal or requirement is final. When there is more than one ground set out as the basis for the final action, the action may conclude with a paragraph containing wording such as "This action is made FINAL" or "This is a FINAL action," which covers all grounds.

The final action should also mention any refusals or requirements that have been withdrawn.

The examining attorney should include a statement that the only proper response to a final action is an appeal (or a petition, if permitted under 37 C.F.R. 2.63(b)), or compliance with an outstanding requirement. 37 C.F.R. 2.64(a).

A final action must include a six-month response clause (see TMEP §705.08) so that is it clear that the applicant must file a timely response to avoid abandonment of the application.