Registration Appeal Process

Process for “Request for Reconsideration or Appeal” received from and an applicant and/or their counsel

The Registrar of the Trademark (TM) Registration Office manages the normal TM review and approval process. Assuming an applicant is denied, and subsequently files a “Request for Reconsideration”, the TM Registrar initiates the review process, and analyzes the Request for Reconsideration – evaluating the applicant’s case and appeal for reconsideration.

It is important for the TM Registrar to develop a singular memo to

1. Outline the mark the registrant is trying to register
2. Highlight any relevant points the registrant is making in their own advocacy
3. The legal and policy basis for the TM Registrar’s recommendation for denial

If the TM Registrar chooses to reverse their original decision, they communicate appropriately with the registrant.

If the TM Registrar feels a denial is still in order, the case file is then subject to additional review and analysis by a separate subject matter expert. Upon review, if the subject matter expert agrees with the original denial, it is sent back to the TM Registrar, who sends the registrant a Final Agency Denial letter of the appeal.

If upon review the subject matter expert recommends an agency reversal, the TM Registrar may either adopt or reject the recommendation. If the TM Registrar adopts the recommendation, the TM Registrar shall communicate the reversal of the decision to the applicant. If the TM Registrar rejects the recommendation, the matter shall be referred to the Secretary (or her designee) for a Final Agency Decision.