TMEP 1902.07(a): Irregularities that Must Be Remedied by the USPTO

October 2017 Edition of the TMEP

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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.