TMEP 1208.01(c): Change in Effective Filing Date During Examination

This is the October 2015 Edition of the TMEP

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1208.01(c)    Change in Effective Filing Date During Examination

If the effective filing date in an application containing a conflicting mark changes, the examining attorney should review all the application(s) involved to determine which application has the earliest effective filing date as a result of the change, and notify the examining attorney assigned to the application with the earliest effective filing date.

Whenever the effective filing date of an application changes to a date that is later than the original filing date, the assigned examining attorney must conduct a new search of the mark. See TMEP §206.04.