C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 2—RULES OF PRACTICE IN TRADEMARK CASES

37 C.F.R. § 2.131

Remand after decision in inter partes proceeding

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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.

[81 FR 69985, Oct. 7, 2016]
Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: Stand. Pressed Steel Co. v. Midwest Chrome Process Co., 418 F. Supp. 485 (N.D. Ill. 1976).
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Stand. Pressed Steel Co. v. Midwest Chrome Process Co., 418 F. Supp. 485 (N.D. Ill. 1976). “37 C.F.R. § 2.131 (1975). 1 Before the issues raised by the cross motions for summary judgment can be resolved, an examination of the litigants’ businesses as they relate to the use of the marks in question must be undertaken.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.