Initial Examination

Initial Examination

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The initial examination by the Examiner must be a “complete examination.”^[1]TMEP § 704.01.   A complete examination includes:

1. Search for conflicting live (pending or registered) marks that are) at the time of examination;
2. Examine the written application and other documents filed by the applicant;
3. Examine submitted drawing(s) of the mark and any specimens of use to determine whether the mark is eligible for the type of registration requested; and
4. Whether all required fees have been paid.

The Examiner must determine if the mark is eligible for the type of registration requested, either on the Principal Register or Supplemental Register, and whether amendments by the applicant may cure any defects. Following this initial complete examination, the Examiner may find that the mark in an application for registration on the Principal Register is ready for publication for opposition (or the mark in an application for registration on the Supplemental Register is ready for registration) and approve the application.  If, however, the application is incomplete or contains defects, or the Examiner determines that the mark may not be registrable under the Trademark Act , the Examiner will issue an Office action.