Appealable Matter
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USPTO TMEP › Chapter 1500 - Post-Examination Procedures › TMEP § 1501.01
Text
An applicant who wishes to contest a refusal based on a
matter of substance (e.g., a matter arising under §§2-6, or 23 of the Trademark Act,
15 U.S.C. §§1052
-
1056
,
1091
), should file an appeal to the Board, not a
petition to the Director.
If the only issue in dispute is a question regarding the
applicant’s compliance with a technical provision of the Trademark Act or Trademark
Rules of Practice, the applicant may file a petition to the Director rather than an
appeal.
See
37 C.F.R. §§2.63(a)
,
(b)
,
2.146
. See also
TMEP §1704
and
TBMP §1201.05
regarding petitionable
matter versus appealable matter.
An examining attorney’s requirement that is the subject of
a petition decided by the Director subsequently may not be the subject of an appeal to
the Board.
37 C.F.R. §2.63(c)
.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.