TMEP 1501.07: Examining Attorney’s Request for Reconsideration

October 2017 Edition of the TMEP

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1501.07    Examining Attorney’s Request for Reconsideration

In  In re Ferrero S.p.A., 22 USPQ2d 1800 (TTAB 1992), recon. denied, 24 USPQ2d 1061 (TTAB 1992), an augmented panel of the Board expressly overruled prior precedent and held that an examining attorney may request reconsideration of a Board decision reversing the examining attorney in an ex parte appeal.

The examining attorney’s request must be filed within one month from the date of the Board’s decision. 37 C.F.R. §2.144.  No new evidence can be introduced with the request.  The request should point out any errors of fact or law in the Board’s decision.

To request reconsideration, the examining attorney must prepare a request and a supporting brief and submit the request to the managing attorney for concurrence in the decision to seek reconsideration.  If the managing attorney concurs, the managing attorney will submit the request for reconsideration and brief to the Administrator for Trademark Policy and Procedure for approval.

If the Administrator approves the request, the examining attorney will file the request with the Board and send a copy to the applicant.  The Board will set an appropriate time for the applicant to respond to the request.  The examining attorney may not file a reply brief in response to the applicant’s brief.