Remand to Examining Attorney Law and Legal Definition

Remand to examining attorney is the return of a pending application from a reviewing or appellate body to the one assigned at a trademark office to examine it for suitability for registration. In the U.S., this occurs during ex parte appeal from a refusal of registration when the Trademark Trial and Appeal Board (TTAB) returns the application to the trademark examining attorney with instructions to review, amend, approve, or otherwise act on the application as a result of something that has occurred in the appeal.

According to 37 CFR 2.142 , the examining attorney can request the TTAB to remand the application so that the examining attorney can take the specified action to issue a new requirement or new ground for refusal of registration during an ex parte appeal.

Pursuant to 37 CFR 2.130, the examining attorney should request the TTAB to remand the trademark application so that the examining attorney can take the specified action in a trademark application if it is found necessary to refuse registration or to make a requirement during an inter parties proceeding before the TTAB. However, the examining attorney can not request a remand during an inter parties proceeding.

A request for remand should clearly explain the specific reasons for which a remand is requested. The request should be a brief statement of the reason for the request and an explanation of the action the examining attorney intends to take.