TMEP 705.03: Citation of Conflicting Marks

October 2017 Edition of the TMEP

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705.03    Citation of Conflicting Marks

When refusing registration under §2(d) of the Trademark Act, 15 U.S.C. §1052(d), based on a likelihood of confusion with a previously registered mark, the examining attorney must give the registration number(s) and attach to the Office action a copy of each cited registration, which will become part of the record.  The examining attorney should explain the reasons that the mark in each cited registration is a basis for refusal under §2(d).

If an applicant notifies the USPTO that the USPTO failed to attach a cited registration, or that the USPTO attached a registration but did not cite the registration as a bar to registration in the Office action, the USPTO will reissue the Office action citing and attaching the relevant registration(s) and provide the applicant with a new response period.