37 C.F.R. § 2.83

Conflicting marks

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(a) Whenever an application is made for registration of a mark which so resembles another mark or marks pending registration as to be likely to cause confusion or mistake or to deceive, the mark with the earliest effective filing date will be published in the Official Gazette for opposition if eligible for the Principal Register, or issued a certificate of registration if eligible for the Supplemental Register.

(b) In situations in which conflicting applications have the same effective filing date, the application with the earliest date of execution will be published in the Official Gazette for opposition or issued on the Supplemental Register.

(c) Action on the conflicting application which is not published in the Official Gazette for opposition or not issued on the Supplemental Register will be suspended by the Examiner of Trademarks until the published or issued application is registered or abandoned.

[37 FR 2880, Feb. 9, 1972, as amended at 54 FR 37594, Sept. 11, 1989]

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: Experience Hendrix, L.L.C. v. Pitsicalis (S.D.N.Y. 2019).

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Experience Hendrix, L.L.C. v. Pitsicalis (S.D.N.Y. 2019). · cites it 3× “C, §1052(d); 37 CFR. §2.83; TMEP 1208 et seq. ‘Therefore, upon reccipt of applicant's response to this Office action, action on this application may be suspended pending final of the carlicr-[iled referenced applications.”

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