1219.02 By Appeal
An applicant that has filed an ex parte appeal to the Board, received a final decision therein from the Board, and is dissatisfied with that decision, may have remedy by way of an appeal to the United States Court of Appeals for the Federal Circuit, or by way of a civil action for review of the decision of the Board. [ Note 1.]
For information concerning the taking of an appeal from a final decision of the Board, see TBMP § 901 - TBMP § 903.
When a decision of the Board affirming a refusal to register in an ex parte case has been appealed to the United States Court of Appeals for the Federal Circuit, the Court, during the pendency of the appeal, may remand the application for further examination and the submission of additional evidence. See TBMP § 1218.
NOTES:
1. Trademark Act § 21, 15 U.S.C. § 1071; 37 CFR § 2.145.