1902.07(a) Irregularities that Must Be Remedied by the USPTO
The following irregularities must be remedied by the USPTO within three months of the date of notification of the irregularity:
- Application is not presented on the official form or is not typed;
- Omission of reproduction of mark;
- Omission of list of goods/services;
- Omission of designation of Contracting Party or Parties;
- Insufficient identification of applicant;
- Irregularities relating to the entitlement of the applicant to file an international application (see TMEP §1902.02(j));
- Application not signed by USPTO (Note: Signature may be replaced with seal or other mode of identification determined by the IB. See Admin. Instr. §7);
- Certification by USPTO is defective;
- Omission of date and number of basic application or registration.
Common Regs. 11(4) and 15(1); Guide to International Registration, Para. B.II.09.19.
If the USPTO does not cure the irregularity within three months, the international application is abandoned. Common Regs. 11(4)(b) and 11(5).
When responding to a notice of an irregularity that must be remedied by the USPTO, the MPU trademark specialist will send the applicant a copy of the response.