Standing

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USPTO TMEP › Chapter 1700 - Petitions, Requests for Reinstatement, and Other Matters Submitted to Director › TMEP § 1705.01

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

A person must have standing to file a petition to the

Director under

37 C.F.R. §2.146

See

Ex parte Lasek

, 115 USPQ 145 (Comm’r Pats. 1957).

There is no provision in the Trademark Act or Rules of

Practice for intercession by a third party in an ex parte matter. Accordingly, petitions by

third parties to review actions taken in ex parte matters will generally be dismissed for a

lack of standing.

See

TMEP §1715

regarding letters

of protest filed by third parties to bring to the attention of the USPTO evidence bearing on

the registrability of a mark in pending applications.

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.