If, during an inter partes proceeding involving an application under section 1 or
44 of the Act, facts are disclosed which appear to render the mark unregistrable,
but such matter has not been tried under the pleadings as filed by the parties or
as they might be deemed to be amended under Rule 15(b) of the Federal Rules of Civil Procedure to conform to the evidence, the Trademark Trial and Appeal Board, in lieu of determining
the matter in the decision on the proceeding, may remand the application to the trademark
examining attorney for reexamination in the event the applicant ultimately prevails
in the inter partes proceeding. Upon remand, the trademark examining attorney shall reexamine the application in
light of the matter referenced by the Board. If, upon reexamination, the trademark examining attorney finally refuses registration
to the applicant, an appeal may be taken as provided by §§ 2.141 and 2.142.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.