TMEP 206.04: Examining Attorney’s Action After Conducting New Search

This is the October 2015 Edition of the TMEP

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206.04    Examining Attorney’s Action After Conducting New Search

When the effective filing date changes to a later date, the examining attorney must conduct a new search of USPTO records for conflicting marks. If the search shows that because of the new, later effective filing date, there is a later-filed conflicting application that now has an earlier filing date, the examining attorney must suspend action of the subject application pending disposition of the other application, if the application is otherwise in condition for suspension. See TMEP §§1208 et seq. regarding the procedures for handling conflicting marks in pending applications. If the examining attorney is handling a later-filed application that has been suspended pending disposition of the subject application, the examining attorney must withdraw the application from suspension and either approve it for publication or take action on any other outstanding issues. If a later-filed conflicting application is being handled by a different examining attorney, the examining attorney should contact the other examining attorney to notify him or her of the change in the effective filing date of the subject application.