T.M.E.P. § 715.02
Action After 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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715.02 Action After Final Action

Once an action has been properly made final, the examining attorney normally should not change his or her position. However, this does not mean that no amendment or argument will be considered after final action. An amendment that will place the application in condition for publication or issue, or will put the application in better form for appeal, may be accepted and entered. For example, an amendment requesting registration on the Supplemental Register or on the Principal Register under §2(f) may be a proper response to a final refusal of registration on the Principal Register in some circumstances. See TMEP §§714.05(a)(i) , 816.04 and 1212.02(h).

If the applicant files a response that complies with all outstanding requirements and overcomes all outstanding refusals, the examining attorney should approve the application for publication or registration, as appropriate.

The applicant may request reconsideration after final action, within six months of the mailing date of the final action. However, the filing of a request for reconsideration does not extend the time for filing an appeal or other proper response to the final action. 37 C.F.R. 2.64(b).

See TMEP §716.06 regarding suspension after final action.