Companion Applications Previously Assigned

If the Trademark database indicates that a companion

application has been assigned to a different examining attorney, the examining

attorney should

not

transfer their application to the other examining

attorney.  However, the examining attorney must review the electronic record of

the earlier companion application before taking action in a later companion case,

and should act consistently, unless it would be clear error

(

see

TMEP §706.01

)

to do so. If the examining attorney believes that acting consistently with the

prior action(s) would be erroneous, the examining attorney should bring the issue

to the attention of the managing attorney or senior attorney.

See

TMEP

§702.03(a)(iv)

regarding classification and

identification in companion applications that have been published for

opposition.