Section 2(d) Refusal Based on Earlier-Filed Application that Has Matured Into Registration

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USPTO TMEP › Chapter 0700 - Procedure for Examining Applications › TMEP § 714.05(b)

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

The examining attorney must issue a new nonfinal action

when first refusing registration under §2(d) of the Trademark Act,

15 U.S.C.

§1052(d)

, as to an earlier-filed application that has

registered, even if the applicant had been advised of the existence of the

earlier-filed application in a prior Office action. See

TMEP §716.02(c)

regarding procedure

when application is suspended pending the disposition of more than one earlier-filed

conflicting application.

In a §66(a) application, a new nonfinal refusal under

§2(d) may be issued more than 18 months after the date on which the IB forwards the

request for extension of protection to the USPTO, provided that the USPTO had

notified the IB of the conflicting application prior to expiration of the 18-month

period.

See

TMEP

§1904.03(b)

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.