TMEP 1902.02(k): Description of Mark

October 2017 Edition of the TMEP

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1902.02(k)    Description of Mark

If the basic application or registration includes a description of the mark, an international application must include the same description. 37 C.F.R. §7.11(a)(5).  The applicant cannot include a description of the mark in the international application if the basic application or registration does not contain a description of the mark. Guide to International Registration, Para. B.II.07.54.

If an international application is based on more than one basic application and/or registration, any description of the mark must be the same in each basic application and/or registration.  If the descriptions are not the same, certification will be denied. 37 C.F.R. §§7.11(a)(5) and 7.13(a).

If the basic application or registration has been amended during the course of its examination, the description in the international application must be identical to the description in the basic application or registration as amended, not as set forth in the original basic application or registration.