1501.01 Appealable Matter
An applicant who wishes to contest a refusal based on a matter of substance (e.g., a matter arising under §§2, 3, 4, 5, 6, or 23 of the Trademark Act, 15 U.S.C. §§1052, 1053, 1054, 1055, 1056, 1091), should file an appeal to the Board, not a petition to the Director.
If the only issue in dispute is a question regarding the applicant’s compliance with a technical provision of the Trademark Act or Trademark Rules of Practice, the applicant may file a petition to the Director rather than an appeal. See 37 C.F.R. §§2.63(a), (b), 2.146. See also TMEP §1704 and TBMP §1201.05 regarding petitionable matter versus appealable matter.
An examining attorney’s requirement that is the subject of a petition decided by the Director subsequently may not be the subject of an appeal to the Board. 37 C.F.R. §2.63(c).