T.M.E.P. § 715.04
Request for Reconsideration Filed In Conjunction With Notice of Appeal

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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715.04 Request for Reconsideration Filed In Conjunction With Notice of Appeal

If the applicant files a notice of appeal with a request for reconsideration, the application should be referred to the Trademark Trial and Appeal Board for processing of the appeal. The Board will acknowledge the appeal, suspend further proceedings with respect to the appeal (including the applicant's time to file an appeal brief), and remand the application to the examining attorney for review of the request for reconsideration. TBMP §1204.

If, after suspension of the Board proceeding and remand, the examining attorney approves the application for publication (or for registration on the Supplemental Register), the appeal is moot. The examining attorney should notify the applicant that the refusal or requirement is withdrawn, and that the application is being approved for publication or registration. This may be done by telephone, with an appropriate note to the file.

See TMEP §§1501 et seq. and TBMP Chapter 1200 for further information about ex parte appeals.