TMEP 906.03: Informing Applicant of Apparent Improper Use

October 2017 Edition of the TMEP

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906.03    Informing Applicant of Apparent Improper Use

If a specimen in an application shows the federal registration symbol used with the mark that is the subject of the application, or with any portion of this mark, the examining attorney must determine from USPTO records whether or not such matter is registered.  If it is not, and if the symbol does not appear to indicate registration in a foreign country ( see TMEP §906.01), the examining attorney must point out to the applicant that the records of the USPTO do not show that the mark with which the symbol is used on the specimens is registered, and that the registration symbol may not be used until a mark is registered in the USPTO.  The examining attorney should not require any explanation or comment from the applicant concerning the use of the symbol in relation to the mark.