T.M.E.P. § 715.01
Proper Response to 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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715.01 Proper Response to Final Action

An applicant must respond to a final action within six months of the mailing date. 15 U.S.C. 1062(b); 37 C.F.R. 2.62.

In general, the only proper response to a final action is an appeal (or a petition, if permitted under 37 C.F.R. 2.63(b)(2)), or compliance with an outstanding requirement. 37 C.F.R. 2.64(a).

After a final refusal to register on the Principal Register, an amendment requesting registration on the Supplemental Register or registration on the Principal Register under §2(f) of the Trademark Act may be a proper response in some circumstances. See TMEP §§714.05(a)(i) , 816.04 and 1212.02(h).