Examining Attorney Law and Legal Definition

Examining attorney is a U.S. Patent and Trademark Office’s (USPTO) employee who examines an application for registration of a federally registered trademark. An examining attorney also reviews and determines compliance with the legal and regulatory requirements.

After the appellant's brief has been filed, the Trademark Trial and Appeal Board will send a notice to the examining attorney. The examining attorney has sixty days from the date of the Board's notice to file a responsive brief with the Board and send a copy to the appellant. The examining attorney's appeal brief should be concise and contain a complete statement of reasons for the refusal or requirement and supporting facts.