Trademarks Manual

Appeal Process

The Registration Appeal Process page describes the process of requesting an appeal.

The process for a “Request for Reconsideration or Appeal” received from an applicant or their counsel regarding trademark registration goes as follows:

1. Initial Denial and Request for Reconsideration
• When an applicant is denied trademark registration, they can file a “Request for Reconsideration.”
• The Trademark ™ Registrar reviews the case and evaluates the appeal.
• The Registrar develops a memo that outlines the mark, considers the registrant’s arguments, and explains the legal and policy basis for the original denial.
2. Additional Review by Subject Matter Expert
• If the Registrar maintains the denial, the case undergoes further review by a separate subject matter expert.
• If the expert agrees with the original denial, the Registrar sends a Final Agency Denial letter to the registrant.
3. Agency Reversal Recommendation
• If the subject matter expert recommends reversing the decision, the Registrar can adopt or reject the recommendation.
• If adopted, the Registrar communicates the reversal to the applicant.
• If rejected, the matter goes to the Secretary (or designee) for a Final Agency Decision.