# TMEP § 702.01: Order of Examination

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S702.01

## Section

- **Citation:** TMEP § 702.01
- **Heading:** Order of Examination
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 0700 - Procedure for Examining Applications / TMEP § 702.01

## Text

In general, applications are assigned for examination in the
order in which they are received in the U.S. Patent and Trademark Office (USPTO), unless
the application is made “special.”  See
TMEP
§702.02
regarding “special” applications.
Generally, amended applications (i.e., applications that
contain a response from the applicant), remands from the Trademark Trial and Appeal
Board (Board), and statements of use are also reviewed in the order in which they are
received in the USPTO.
If a voluntary amendment is submitted before the
application is assigned for examination, it is placed in the record when filed and will
be considered by the assigned examining attorney during initial examination of the
application. Voluntary amendments, including those submitted immediately after the
filing of an application and prior to examination, are subject to the same examination
standards as amendments made in response to a refusal or requirement. Thus, if a
voluntary amendment proposes changing the identification of goods or services, the
permissible scope of the amendment is based on the original identification (assuming
there is no previously acceptable amendment of the identification).
See
TMEP §§1402.07(d)
,
(e)
. Likewise, a pre-examination voluntary amendment of the
mark drawing or mark description will be compared to the original drawing or description
to determine whether the amendment is a material alteration.
See
TMEP §807.14
. See
TMEP
§807.17
regarding the processing of unacceptable amendments to
drawings and
TMEP §1402.15
regarding the processing of
unacceptable amendments to identifications.
Examining attorneys should act on applications that have been
suspended as soon as they are removed from suspension.  See
TMEP §§716–716.06
regarding
suspension.
Examining attorneys should immediately act on inquiries
regarding applications approved for publication or issue that are returned to the
examining attorney to take action or provide information
unacceptable amendments to identifications.
Examining attorneys should act on applications that have been
suspended as soon as they are removed from suspension.  See
TMEP §§716–716.06
regarding
suspension.
Examining attorneys should immediately act on inquiries
regarding applications approved for publication or issue that are returned to the
examining attorney to take action or provide information.
Where appropriate, the managing attorney may direct that a
particular case be given special handling.
When an examining attorney resigns, the examining attorney
should spend any remaining time in the Office getting their amended cases (including
statements of use under
15 U.S.C.
§1051(d)
and appeal briefs), especially those with involved
records, ready for final disposition.

## Nearby sections

- [TMEP § 701 Statutory Authority for Examination](https://www.frixlaw.com/law-library/statutes/TMEP_S701.md)
- [TMEP § 702.01 Order of Examination](https://www.frixlaw.com/law-library/statutes/TMEP_S702.01.md)
- [TMEP § 702.02 “Special” Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S702.02.md)
- [TMEP § 702.03(a) Companion Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(a).md)
- [TMEP § 702.03(a)(i) Companion Applications Not Previously Assigned for the Same or Similar Marks](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(a)(i).md)
- [TMEP § 702.03(a)(ii) Companion Applications Previously Assigned](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(a)(ii).md)
- [TMEP § 702.03(a)(iii) Companion Registrations](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(a)(iii).md)
- [TMEP § 702.03(a)(iv) Classification and Identification in Companion Applications that Have Registered or Been Published for Opposition](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(a)(iv).md)
- [TMEP § 702.03(b) Conflicting Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S702.03(b).md)
- [TMEP § 703 USPTO Does Not Issue Duplicate Registrations](https://www.frixlaw.com/law-library/statutes/TMEP_S703.md)
- [TMEP § 704.01 Initial Examination Must Be Complete](https://www.frixlaw.com/law-library/statutes/TMEP_S704.01.md)
- [TMEP § 704.02 Examining Attorney’s Search](https://www.frixlaw.com/law-library/statutes/TMEP_S704.02.md)
- [TMEP § 704.03 Supervisory Examining Attorney May Indicate Action for Non-Signatory Examining Attorney](https://www.frixlaw.com/law-library/statutes/TMEP_S704.03.md)
- [TMEP § 705 The Examining Attorney’s Letter or Action](https://www.frixlaw.com/law-library/statutes/TMEP_S705.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S702.01. Check the current official text before relying on it. Not legal advice.