TMEP 702.03(a)(ii): Companion Applications Previously Assigned

October 2017 Edition of the TMEP

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702.03(a)(ii)    Companion Applications Previously Assigned

If the Trademark database indicates that a companion application has been assigned to a different examining attorney, the examining attorney should not transfer his or her application to the other examining attorney.  However, the examining attorney must review the electronic record of the earlier companion application before taking action in a later companion case, and should act consistently, unless it would be clear error ( see TMEP §706.01) to do so.  If the examining attorney believes that acting consistently with the prior action(s) would be erroneous, he or she should bring the issue to the attention of the managing attorney or senior attorney.

See TMEP §702.03(a)(iv) regarding classification and identification in companion applications that have been published for opposition.