# TMEP § 1801: USPTO Personnel May Not Express Opinion on Validity of Registered Trademark

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1801

## Section

- **Citation:** TMEP § 1801
- **Heading:** USPTO Personnel May Not Express Opinion on Validity of Registered Trademark
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1800 - Public Inquiries About Applications and Registrations / TMEP § 1801

## Text

A certificate of registration of a mark on the Principal
Register is prima facie evidence of the validity of the registration.
15 U.S.C.
§1057(b)
. Public policy demands that every employee of the United
States Patent and Trademark Office (USPTO) refuse to express to any person any opinion as
to the validity of any registered mark, except to the extent necessary to carry out inter
partes proceedings at the Trademark Trial and Appeal Board (Board) in cancellation and
similar proceedings authorized by law.
Members of the Trademark Examining Operation are cautioned to
be especially wary of inquiries from persons outside the USPTO, including employees of
another government agency, the answer to which might indicate that a particular
registration should not have been published or issued.
An employee of the USPTO, particularly a trademark examining
attorney who examined an application, should not discuss or answer inquiries from any
person outside the USPTO as to whether a certain registration or particular evidence was
considered during the examination of the application, or whether a mark would have been
published or registered if the registration or other evidence had been considered during
the examination.  Likewise, employees should not answer any inquiry concerning any entry in
a registration file, including the extent of the field of search.  The record of the file
of a registration or inter partes proceeding before the Board must speak for itself.
Employees must not discuss these matters with members of the
public. Qualified U.S. attorneys should not make improper inquiries of members of the
Trademark Examining Operation.
See
TMEP
§1806
regarding contacts with third parties about ex parte
matters.

## Nearby sections

- [TMEP § 1801 USPTO Personnel May Not Express Opinion on Validity of Registered Trademark](https://www.frixlaw.com/law-library/statutes/TMEP_S1801.md)
- [TMEP § 1801.01 USPTO Personnel Cannot Testify](https://www.frixlaw.com/law-library/statutes/TMEP_S1801.01.md)
- [TMEP § 1802 Congressional and Other Official Inquiries](https://www.frixlaw.com/law-library/statutes/TMEP_S1802.md)
- [TMEP § 1803 Freedom of Information Act Requests](https://www.frixlaw.com/law-library/statutes/TMEP_S1803.md)
- [TMEP § 1804 Inquiries from Members of the Press](https://www.frixlaw.com/law-library/statutes/TMEP_S1804.md)
- [TMEP § 1805 General Inquiries from the Public](https://www.frixlaw.com/law-library/statutes/TMEP_S1805.md)
- [TMEP § 1806 Contacts with Third Parties Regarding Ex Parte Matters](https://www.frixlaw.com/law-library/statutes/TMEP_S1806.md)
- [TMEP § 1807 USPTO Website](https://www.frixlaw.com/law-library/statutes/TMEP_S1807.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1801. Check the current official text before relying on it. Not legal advice.