T.M.E.P. § 720
Fraud Upon the Office

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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720 Fraud Upon the Office

If an examining attorney suspects the possibility of fraud upon the Office in the ex parte examination of a trademark application, the following procedure must be followed.

(1) The examining attorney must bring the matter to the attention of the managing attorney in his or her law office.

(2) If the managing attorney concurs with the examining attorney as to the possibility of fraud upon the Office, the managing attorney will bring the matter to the attention of the Administrator for Trademark Policy and Procedure.

(3) If the Administrator believes that the matter warrants further action, he or she will make an appropriate recommendation to the Commissioner for Trademarks.

Under no circumstances should any Office communication pertaining to fraud be made, either orally or in writing, by anyone in the Trademark Examining Operation, except as set forth in paragraphs 1 and 2 above.

These issues are ultimately referred to the Office of Enrollment and Discipline.