(505) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-T-2011-0063]
Trademark Manual of Examining Procedure, Eighth Edition
AGENCY: United States Patent and Trademark Office, Commerce
ACTION: Notice
SUMMARY: To provide information on trademark examination policy and
procedure, the United States Patent and Trademark Office ("USPTO") issued
the eighth edition of the Trademark Manual of Examining Procedure ("TMEP"),
and made available an archived copy of the seventh edition, on October 15,
2011.
ADDRESSES: The USPTO prefers that any suggestions for improving the form
and content of the TMEP be submitted via electronic mail message to
tmtmep@uspto.gov. Written comments may also be submitted by mail addressed
to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451,
marked to the attention of Editor, Trademark Manual of Examining Procedure,
or by hand delivery to the Trademark Assistance Center, Concourse Level,
James Madison Building-East Wing, 600 Dulany Street, Alexandria, Virginia,
marked to the attention of Editor, Trademark Manual of Examining Procedure.
FOR FURTHER INFORMATION CONTACT: Catherine P. Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, by electronic mail at:
catherine.cain@uspto.gov; or by mail addressed to: Commissioner for
Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, marked to the
attention of Catherine P. Cain.
SUPPLEMENTARY INFORMATION: On October 15, 2011, the USPTO issued the
eighth edition of the TMEP, which provides USPTO trademark examining
attorneys, trademark applicants, and attorneys and representatives for
trademark applicants with a reference on the practices and procedures for
prosecution of applications to register marks in the USPTO. The TMEP
contains guidelines for examining attorneys and materials in the nature of
information and interpretation, and outlines the procedures which examining
attorneys are required or authorized to follow in the examination of
trademark applications.
The eighth edition incorporates USPTO trademark practice and relevant
case law reported prior to September 1, 2011. The policies stated in this
revision supersede any previous policies stated in prior editions,
examination guides, or any other statement of USPTO policy, to the extent
that there is any conflict. The eighth edition also includes a
collaboration tool, offered through a program called IdeaScale©, which
permits the user community to provide public comments that are accessible
to both the user community and the Office. The collaboration tool is
currently open to Chapters 500, 900, and 1900. The eighth edition of the
TMEP may be viewed or downloaded free of charge from the USPTO Web site at
http://tess2.uspto.gov/tmdb/tmep/.
An archived copy of the seventh edition of the TMEP also remains
available for reference. Links to the seventh edition, as well as to the
fourth, fifth, and sixth editions, are on the USPTO Web site at
http://www.uspto.gov/trademarks/resources/TMEP_archives.jsp.
November 1, 2011 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office
[1372 TMOG 274]
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