TMEP 1003.04(c): Periodic Inquiries Issued as to Status of Foreign Application

This is the October 2015 Edition of the TMEP

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1003.04(c)    Periodic Inquiries Issued as to Status of Foreign Application

Examining attorneys must issue inquiries as to the status of the foreign application in applications that have been suspended for more than six months. See TMEP §716.05. If the applicant does not respond to this inquiry within six months of the issuance date, the application will be abandoned for failure to respond to an Office action.

If the applicant is unable to furnish a copy of the foreign registration before the expiration of time to respond to the inquiry, the applicant should advise the examining attorney of this fact. This may be done by telephone or e-mail.

If the applicant states that the foreign registration has not yet issued, the examining attorney will issue a new notice of suspension.

If the applicant states that the foreign registration has issued, but fails to send a copy, the examining attorney must issue an Office action requiring a copy. See 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii).

To expedite processing, the USPTO recommends that the applicant’s response to a suspension inquiry be filed through TEAS, at http://www.uspto.gov, using the Response to Suspension Inquiry or Letter of Suspension form.