# TMEP § 1501: Appeal to Trademark Trial and Appeal Board

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1501

## Section

- **Citation:** TMEP § 1501
- **Heading:** Appeal to Trademark Trial and Appeal Board
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1500 - Post-Examination Procedures / TMEP § 1501

## Text

15 U.S.C. §1070
An appeal may be taken to the Trademark Trial and Appeal
Board from any final decision of the examiner in charge of the registration of marks or
a final decision by an examiner in an ex parte expungement proceeding or ex parte
reexamination proceeding upon the payment of the prescribed fee. The Director may
reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board
under this section.
37 C.F.R.  Ex parte appeals.
(a)
Appeal from final refusal of
application
. After final refusal by the trademark examining attorney,
an applicant may appeal to the Trademark Trial and Appeal Board, upon payment of
the prescribed fee for each class in the application for which an appeal is taken,
within the time provided in § 2.142(a)(1). A second refusal on the same grounds
may be considered as final by the applicant for the purpose of appeal.
(b)
Appeal from expungement or reexamination proceeding
. After
issuance of a final Office action in an expungement or reexamination proceeding
under § 2.93, a registrant may appeal to the Trademark Trial and Appeal Board,
upon payment of the prescribed fee for each class in the registration for which
the appeal is taken, within the time provided in § 2.142(a)(2).
(c)
Appeal fee required
. The applicant or registrant must pay an
appeal fee for each class for which the appeal is taken.  If an appeal fee is not
paid for at least one class of goods or services before the expiration of the time
for appeal, when the appeal is from a final refusal of an application, the
application will be abandoned or, when the appeal is from an expungement or
reexamination proceeding, the Office will terminate the proceeding. When a
multiple-class application or registration is involved, if an appeal fee is
submitted for fewer than all classes, the applicant or registrant must specify the
class(es) for which the appeal is taken
eal is from a final refusal of an application, the
application will be abandoned or, when the appeal is from an expungement or
reexamination proceeding, the Office will terminate the proceeding. When a
multiple-class application or registration is involved, if an appeal fee is
submitted for fewer than all classes, the applicant or registrant must specify the
class(es) for which the appeal is taken.  If the applicant or registrant timely
submits a fee sufficient to pay for an appeal in at least one class, but
insufficient to cover all the classes, and the applicant or registrant has not
specified the class(es) to which the fee applies, the Board will issue a written
notice setting a time limit in which the applicant or registrant may either pay
the additional fees or specify the class(es) being appealed.  If the applicant or
registrant does not submit the required fee or specify the class(es) being
appealed within the set time period, the Board will apply the fee(s) to the
class(es) in ascending order, beginning with the lowest numbered class.
An appeal from an examining attorney’s action is taken to the
Trademark Trial and Appeal Board (Board), not to a court.  An appeal is taken by filing a
notice of appeal and paying the appeal fee within the time period for responding to the
Office action from which the appeal is taken.
15 U.S.C.
§1070
;
37 C.F.R. §§2.142(a)(1),
(3)
;
Trademark Trial and Appeal Board
Manual of Procedure
(TBMP)
§1202.03
. See
TMEP §711
regarding the
deadline for response to an Office action and
§711.01
regarding requests
for an extension of time to respond to an Office action with a three-month response period.
The Trademark Act gives applicants a right to appeal to the
Board after a final action by an examining attorney.
15 U.S.C.
§1070
. Under
37 C.F.R.
§2.141(a)
, a second refusal on the same grounds or a repeated
requirement is considered a final action for purposes of appeal as long as all refusals or
requirements are repeated in that action
nd to an Office action with a three-month response period.
The Trademark Act gives applicants a right to appeal to the
Board after a final action by an examining attorney.
15 U.S.C.
§1070
. Under
37 C.F.R.
§2.141(a)
, a second refusal on the same grounds or a repeated
requirement is considered a final action for purposes of appeal as long as all refusals or
requirements are repeated in that action. Appeal from a first refusal or requirement,
however, is premature. In addition, an Office action’s mere advisory statement regarding a
potential refusal is not subject to appeal.
In re Harley
, 119 USPQ2d
1755, 1757 (TTAB 2016) (“An advisory statement made by an examining attorney indicating
that a refusal or requirement may issue if specified circumstances arise is not a refusal
to register, let alone a
final
refusal to register, and is therefore not
subject to appeal.”).
The applicant must file the notice of appeal and appeal fee
within the time period for responding to the final refusal.
37 C.F.R.
§2.142(a)(1)
;
TBMP §1202.02
. See
TMEP §711
regarding the
deadline for response to an Office action and
§711.01
regarding requests
for an extension of time to respond to an Office action with a three-month response period.
Notices of appeal must be filed through the Board’s electronic filing system.
37 C.F.R. §2.126
;
TBMP §110
. If the Board’s
electronic filing system is unavailable due to technical problems, or when extraordinary
circumstances are present, the notice of appeal may be filed in paper form.
37 C.F.R. §2.126(b)
. A submission in paper form must
include a written explanation of such technical problems or extraordinary circumstances.
Id.
If filing on paper, the applicant may use a certificate of
mailing or Priority Mail Express® to avoid lateness. See
37 C.F.R.
§2.197
and
§2.198
, and
TMEP §305.02
and
§305.03
regarding
certificate of mailing and Priority Mail Express® procedures and
TBMP §106.03
and
§107
for general information regarding permitted paper
submissions with the Board
hnical problems or extraordinary circumstances.
Id.
If filing on paper, the applicant may use a certificate of
mailing or Priority Mail Express® to avoid lateness. See
37 C.F.R.
§2.197
and
§2.198
, and
TMEP §305.02
and
§305.03
regarding
certificate of mailing and Priority Mail Express® procedures and
TBMP §106.03
and
§107
for general information regarding permitted paper
submissions with the Board. If the applicant does not timely file a notice of appeal and
appeal fee, the application is abandoned.
15 U.S.C.
§1062(b)(2)
. If the applicant’s failure to file a proper notice of
appeal was unintentional, the applicant may file a petition to revive within the deadlines
specified in
37 C.F.R. §2.66(a)
and
subject to the requirements listed in
37 C.F.R. §2.66(b)(3)
(
see
TMEP
§§1714.01(a)(ii)
,
(d)
).
The unintentional delay standard of
37 C.F.R.
§2.66
does not apply to applications that are abandoned due to an
incomplete
response. See
TMEP §§1714.01(f)(ii)–(f)(ii)(E)
regarding
situations where the unintentional delay standard does not apply.
In appropriate circumstances, after an appeal is filed either
the applicant or the examining attorney can request a remand, or the Board may remand the
application to the examining attorney. See
TBMP §1209
regarding remand during an appeal. See also
TMEP §1504.05
for
further information.
See generally
37 C.F.R.
§2.142
and
§2.144
and
TBMP
Chapter 1200
for further information about ex parte appeals from
refusals of applications to the Board, and
15 U.S.C.
§1071
,
37 C.F.R.
§2.145
, and
TBMP Chapter 900
regarding
appeal to a court from a decision of the Board.
See
TMEP §1716.04(e)
and
TBMP
Chapter 1300
for information about ex parte appeals from
expungement and reexamination proceedings.

## Nearby sections

- [TMEP § 1501 Appeal to Trademark Trial and Appeal Board](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.md)
- [TMEP § 1501.01 Appealable Matter](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.01.md)
- [TMEP § 1501.02(a) Applicant’s Appeal Brief](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.02(a).md)
- [TMEP § 1501.02(b) Examining Attorney’s Appeal Brief](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.02(b).md)
- [TMEP § 1501.02(c) Reply Briefs in Ex Parte Appeals](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.02(c).md)
- [TMEP § 1501.03 Withdrawal of Refusal or Requirement After Appeal](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.03.md)
- [TMEP § 1501.04 Fee for Appeal](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.04.md)
- [TMEP § 1501.05 Amendment During Appeal](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.05.md)
- [TMEP § 1501.06 Amendment After Decision on Appeal](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.06.md)
- [TMEP § 1501.07 Examining Attorney’s Request for Reconsideration](https://www.frixlaw.com/law-library/statutes/TMEP_S1501.07.md)
- [TMEP § 1502 Publication in Trademark Official Gazette](https://www.frixlaw.com/law-library/statutes/TMEP_S1502.md)
- [TMEP § 1502.01 Notification of Clerical Errors in Trademark Official Gazette](https://www.frixlaw.com/law-library/statutes/TMEP_S1502.01.md)
- [TMEP § 1503.01 Filing a Notice of Opposition](https://www.frixlaw.com/law-library/statutes/TMEP_S1503.01.md)
- [TMEP § 1503.02 Joining Persons in an Opposition](https://www.frixlaw.com/law-library/statutes/TMEP_S1503.02.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1501. Check the current official text before relying on it. Not legal advice.