TMEP 1208.01(d): Examination of Conflicting Marks After Reinstatement or Revival

October 2017 Edition of the TMEP

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1208.01(d)    Examination of Conflicting Marks After Reinstatement or Revival

When an application listed as abandoned in the USPTO’s Trademark database is revived or reinstated (see TMEP §§1712.01, 1713, and 1714), the examining attorney must conduct a new search to determine whether any later-filed applications for conflicting marks have been approved for publication or registration, and place the search strategy in the record.

If a later-filed application for a conflicting mark has been approved, or the §2(d) search for the later-filed application occurred when the earlier-filed application was in abandoned status, the examining attorney should inform the examining attorney with the later-filed application that the earlier-filed application has been revived or reinstated, so that appropriate action may be taken. If the later-filed application has been published, the examining attorney handling that application should request jurisdiction (see TMEP §1504.04(a)) and suspend the application pending disposition of the earlier-filed application that was revived or reinstated.

If a later-filed application for a conflicting mark has matured into registration, the examining attorney must refuse registration of the revived or reinstated application under §2(d), even though the application for the registered mark was filed after the revived or reinstated application.