USPTO Issues Revised Version of Trademark Manual of Examining Procedure | Practical Law

USPTO Issues Revised Version of Trademark Manual of Examining Procedure | Practical Law

The US Patent and Trademark Office (USPTO) has issued a revised version of the Trademark Manual of Examining Procedure (TMEP) for October 2014.

USPTO Issues Revised Version of Trademark Manual of Examining Procedure

Practical Law Legal Update 8-586-4687 (Approx. 3 pages)

USPTO Issues Revised Version of Trademark Manual of Examining Procedure

by Practical Law Intellectual Property & Technology
Published on 30 Oct 2014 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) has issued a revised version of the Trademark Manual of Examining Procedure (TMEP) for October 2014.
On October 30, 2014, the USPTO released the October 2014 version of the Trademark Manual of Examining Procedure (TMEP). The TMEP sets out the current law, practices and procedures relative to prosecution of applications to register marks in the USPTO. The TMEP contains guidelines for examining attorneys and outlines the procedures that examining attorneys are required or authorized to follow when examining trademark applications.
The October 2014 version includes:
  • New precedential case law.
  • New or revised procedures, including:
    • updated and clarified tests applied in determining whether a mark is disparaging; and
    • clarified procedures for determining whether an activity is a separately registrable service, with new guidance regarding clinical trials.
  • Other changes that have occurred since the April 2014 TMEP revision.
A full listing of the changes can be found in the "Index to Changes in TMEP October 2014" section of the manual. Highlights of the changes can be found on the USPTO's announcement page.