Regulatory and special refusals

Foreign Registration Issues — Trademark Office Action Guide

Applications based on foreign registrations under Section 44(d) or 44(e) must meet specific requirements about the foreign registration's validity, scope, and documentation.

What the USPTO is saying

There is a problem with your foreign registration basis — the certificate may be missing, expired, covers different goods or services, or does not support your claimed priority.

Why this issue is raised

Foreign-based applications rely on valid home-country registrations. The USPTO verifies that the foreign registration exists, is active, and aligns with the U.S. application.

How applicants typically overcome it

  • Submit a certified copy of the foreign registration with English translation if required.
  • Amend goods and services to match the scope of the foreign registration.
  • Verify the foreign registration is active and not expired or cancelled.
  • Correct the priority claim dates if they do not align with foreign filing.

Related Office Action issues

Frequently asked questions

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