TMEP 1904.02(g): Refusal Must Be Made Within 18 Months

October 2017 Edition of the TMEP

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1904.02(g)    Refusal Must Be Made Within 18 Months

Under §68(c) of the Trademark Act and Article 5 of the Protocol, the USPTO must notify the IB of any refusal entered in a §66(a) application within 18 months of the date the IB transmits the request for extension of protection to the USPTO. See TMEP §1904.03(a).

The Trademark database tracks the period of time within which the USPTO must notify the IB of a refusal of protection.  This information appears in the §66(a) international registration data field "Auto Protection Date."  If a refusal is not received by the IB as of this date, the mark receives automatic protection under Article 5(5) of the Protocol.