TMEP 1505.01(b)(ii): Unacceptable Amendments

October 2017 Edition of the TMEP

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1505.01(b)(ii)    Unacceptable Amendments

If the paralegal specialist determines that an amendment is unacceptable, the paralegal specialist must provide written notification to the applicant, explaining why the amendment is unacceptable and advising the applicant that: (1) the application will be returned to processing without entry of the requested amendment; and (2) applicant’s only recourse is to file a petition to the Director requesting that jurisdiction be restored to the examining attorney to consider the merits of the amendment. 37 C.F.R. §§2.84, 2.146.  Any petition to the Director must be filed within six weeks of the publication date to ensure that it is timely processed.  Thereafter, any request for amendment must be filed pursuant to §7 of the Trademark Act, 15 U.S.C. §1057.