TMEP 1904.02(a): Examined as Regular Application

This is the October 2015 Edition of the TMEP

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1904.02(a)    Examined as Regular Application

Under §68(a)(1) of the Trademark Act, a request for extension of protection will be examined under the same standards as any other application for registration on the Principal Register. 15 U.S.C. §1141h(a)(1). It is unnecessary for the examining attorney to review the international registration on file at the IB, since the IB will forward all the necessary information with the request for extension of protection or in subsequent notifications, such as notices of correction, limitation, or change to the name or address of the holder or holder’s representative.

Except for 37 C.F.R. §§2.21-2.23, 2.76, 2.88, 2.89, 2.130-2.131, 2.160-2.166, 2.168, 2.173, 2.175, 2.181-2.186, and 2.197, all rules in 37 C.F.R. Part 2 apply to a request for extension of protection of an international registration to the United States, including sections related to proceedings before the Trademark Trial and Appeal Board, unless stated otherwise. 37 C.F.R. §7.25(a). All rules in 37 C.F.R. Part 11 relating to representation of others before the USPTO also apply to requests for extension of protection. See id.

See TMEP §1904.02(d) regarding specific examination issues relevant to a §66(a) application for a collective or certification mark.