Change Summary
CHANGES: INDEX TO CHANGES IN TMEP November 2025
Attention is directed to the following changes in the November 2025 TMEP.
| SECTION | CHANGE |
|---|---|
| TMEP | Incorporated changes in accordance with final rule issued at 90 FR 23288 (Partial Replacement of an Earlier National Registration or Registrations by an International Registration) and relevant precedential decisions reported prior to August 31, 2025. |
| 601.01(a) | Updated cross reference. |
| 604.03 | Added example. Miscellaneous text edits. |
| 608.02 | Added citation to administrative order. |
| 609.01(a) | Revised to clarify procedures for correspondence in Section 66(a) applications and registrations. |
| 611.01(b) | Miscellaneous text edits. Added citation to administrative order. Added third paragraph. |
| 611.01(c) | Added citation to administrative order. Added cross reference. |
| 611.01(c)(ii) | Added citation to administrative order. Added cross reference. |
| 702.03(a) | Miscellaneous text edit. |
| 712.03 | Added cross reference. |
| 716.02(d) | Clarified procedure for consultation regarding whether suspension of an application is appropriate. Miscellaneous stylistic edits. |
| 804.01(b) | Added citation to administrative order. Miscellaneous stylistic edits. Updated cross reference. |
| 804.04 | Added citation to administrative order. Miscellaneous stylistic edits. Updated cross reference. |
| 809 | Revised section title: Translation and Transliteration of Non-English Wording and Non-Latin Characters in Mark. Miscellaneous text and stylistic edits. Added rule citations. |
| 809.01 | Revised section title: Examining Applications for Marks Comprising Non-English Wording or Non-Latin Characters that Do Not Include an Accurate Translation or Transliteration. Miscellaneous text and stylistic edits. Deleted cross references. Added rule citations. |
| 809.01(b) | Revised section title: Limited Exceptions to Translation Requirement. |
| 809.01(b)(iii) | Revised section title: Wording from Dead or Obscure Languages. Added dictionary definition. Added case citations. Updated cross reference. Miscellaneous text edits. |
| 809.02 | Miscellaneous text and stylistic edits. Updated cross references. |
| 809.03 | Revised to include reference to ability to issue "no-call" examiner's amendment indicating that the translation was deleted. Added cross-reference. |
| 1101 | Miscellaneous text and stylistic edits. Added case citation. |
| 1202 | Added statutory citation. Miscellaneous text and stylistic edits. Added case citation. |
| 1202.04 | Deleted case citation. |
| 1202.04(b) | Miscellaneous text edit. Deleted case citation. |
| 1202.05 | Replaced "are never" with "generally are not." Miscellaneous text and stylistic edits. |
| 1202.05(a) | Revised section title: Color Marks Generally Not Inherently Distinctive. Miscellaneous text and stylistic edits. Added cross references. |
| 1202.05(b) | Revised section title: Functional or Generic Color(s) Not Registrable. Miscellaneous text edits. Added paragraphs regarding generic refusal. Added cross reference. |
| 1202.05(h) | Replaced "can never be" with "generally is not." Miscellaneous text and stylistic edits. |
| 1202.05(i) | Replaced "can never be" with "generally is not." Miscellaneous text and stylistic edits. |
| 1202.16 | Miscellaneous text and stylistic edits. Added case citation. |
| 1202.16(a) | Revised section title: General Information About Marks with Model and Grade Designations. Miscellaneous text and stylistic edits. Added case citation. Added cross reference. |
| 1202.16(b)(i) | Added case citations. Miscellaneous text edits. |
| 1202.16(c) | Revised section title: Procedures for Examining Marks with Model and Grade Designations. |
| 1202.16(c)(ii) | Miscellaneous text and stylistic edits. Added second paragraph. Added case citation and cross reference. |
| 1202.17(c)(ii)(B) | Miscellaneous text edit. |
| 1203.03(b)(i) | Added case citation. Miscellaneous text and stylistic edits. Deleted case citation. Added paragraph regarding timing. |
| 1203.03(b)(iii) | Added case citation. Miscellaneous text and stylistic edits. |
| 1207.01 | Miscellaneous text and stylistic edits. Added case citation. |
| 1207.01(a) | Miscellaneous stylistic edits. |
| 1207.01(a)(i) | Miscellaneous stylistic edit. |
| 1207.01(a)(iv) | Miscellaneous stylistic edit. |
| 1207.01(b) | Miscellaneous stylistic edits. Added case citation. |
| 1207.01(b)(vi) | Revised section title: Doctrine of Foreign Equivalents – General. Added case citations and revised section to incorporate factors for determining whether the ordinary American purchaser would stop and translate wording. Incorporated content from previous section 1207.01(b)(vi)(B). |
| 1207.01(b)(vi)(A) | Revised section title: Doctrine of Foreign Equivalents – Likelihood of Confusion. |
| 1207.01(b)(vi)(B) | Revised section title: Likelihood of Confusion Factors Still Apply When Assessing Whether Marks are Confusingly Similar. Renumbered previous section 1207.01(b)(vi)(C) as 1207.01(b)(vi)(B). Miscellaneous text and stylistic edits. Added second to last paragraph. Updated cross references. |
| 1207.01(d)(i) | Added case citation. Miscellaneous stylistic edits. |
| 1207.01(d)(iii) | Miscellaneous text and stylistic edits. |
| 1207.01(d)(ix) | Miscellaneous stylistic edits. |
| 1207.04(e)(i) | Updated text consistent with TBMP section 1103.01(f). |
| 1209.01(b) | Miscellaneous text and stylistic edits. Added case citation. |
| 1209.01(c) | Added case citation. Miscellaneous text and stylistic edits. |
| 1209.01(c)(i) | Revised section title: Test for Genericness. Added cross references. Added case citations. Miscellaneous text and stylistic edits. |
| 1209.03(d) | Miscellaneous text and stylistic edits. Added case citations. |
| 1209.03(g) | Revised section title: Doctrine of Foreign Equivalents. Added first paragraph. Added case citations and revised text accordingly. Deleted paragraphs relating to dead or obscure languages and replaced with cross reference. Updated cross references. |
| 1209.03(h) | Miscellaneous text edits. |
| 1210.01(a) | Miscellaneous text and stylistic edits. Added case citation. |
| 1210.01(b) | Replaced "significant" with "substantial." |
| 1210.01(c) | Replaced "significant" with "substantial." |
| 1210.02(c)(ii) | Added case citation. |
| 1210.04 | Miscellaneous text and stylistic edits. Added statutory citation. Added case citation. |
| 1210.05(b) | Replaced "significant" with "substantial." Miscellaneous text and stylistic edits. Added case citations and revised text accordingly. Added cross references. |
| 1212.06(c) | Added case citation. Miscellaneous stylistic edits. |
| 1210.10 | Revised section title: Doctrine of Foreign Equivalents – Geographic Significance. Miscellaneous text and stylistic edits. Added case citations and revised text accordingly. Deleted paragraphs relating to dead or obscure languages and replaced with cross reference. Updated cross references. |
| 1211.01(a)(vii) | Added case citations and revised text accordingly. Updated cross references. |
| 1212.01 | Miscellaneous text and stylistic edits. |
| 1212.05(a) | Added case citation. Miscellaneous text and stylistic edits. |
| 1212.06(c) | Added case citation. Miscellaneous text and stylistic edits. |
| 1402.04 | Replaced Korean Intellectual Property Office (KIPO) with and the Ministry of Intellectual Property (MOIP). |
| 1501.02(a) | Miscellaneous text edits. Added case citations. Added last paragraph. |
| 1501.02(b) | Miscellaneous text and stylistic edits. Added case citation. |
| 1504.05 | Miscellaneous text and stylistic edits. |
| 1603.03 | Revised to clarify when an owner must file an affidavit or declaration of use or excusable nonuse and that an additional grace period surcharge must be paid if filed within the grace period. |
| 1604.16 | Added second paragraph. |
| 1613.11 | Miscellaneous stylistic edits. |
| 1613.16 | Added second paragraph. |
| 1703 | Added rule citation. |
| 1705.03 | Revised to clarify that when facts are to be proved on petition, verified statements must be signed by someone with firsthand knowledge of the facts to be proved. Added rule citations and cross reference. |
| 1705.07(b) | Updated cross reference. |
| 1712.02(b) | Miscellaneous text edit. |
| 1714.01(a)(i) | Miscellaneous text and stylistic edits. Clarified procedures for when an applicant includes a response to the nonfinal Office action with their petition to revive. |
| 1714.01(a)(ii) | Miscellaneous text and stylistic edits. Clarified procedures for when an applicant includes a response to the final Office action with their petition to revive. |
| 1904.02(i) | Revised to clarify procedures for correspondence in Section 66(a) applications and registrations. |
| 1904.12 | Updated in accordance with 90 FR 23288. Updated rule citation. Deleted cross reference. |
| Appendix B | Updated term of registration for Germany. |
| Appendix C | Added sections of U.S. code protecting specific names and characters. |
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