Conflicting Marks in Pending Applications
37 C.F.R. §2.83
Whenever an application is made for
registration of a mark which so resembles another mark or marks pending
registration as to be likely to cause confusion or mistake or to deceive,
the mark with the earliest effective filing date will be published in the
Official Gazette for opposition if eligible for the Principal Register, or
issued a certificate of registration if eligible for the Supplemental
In situations in which conflicting
applications have the same effective filing date, the application with the
earliest date of execution will be published in the “Official Gazette” for
opposition or issued on the Supplemental Register.
Action on the conflicting application which
is not published in the Official Gazette for opposition or not issued on the
Supplemental Register will be suspended by the Examiner of Trademarks until
the published or issued application is registered or abandoned.