37 CFR § 2.131 - Remand after decision in proceeding.

---
identifier: "/us/cfr/t37/s2.131"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 2.131 - Remand after decision in  proceeding."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "2.131"
section_name: "Remand after decision in  proceeding."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "2"
part_name: "RULES OF PRACTICE IN TRADEMARK CASES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067."
regulatory_source: "30 FR 13193, Oct. 16, 1965, unless otherwise noted."
cfr_part: "2"
---


# 2.131 Remand after decision in  proceeding.

If, during an inter partes proceeding involving an application under section 1 or 44 of the Act, facts are disclosed which appear to render the mark unregistrable, but such matter has not been tried under the pleadings as filed by the parties or as they might be deemed to be amended under Rule 15(b) of the Federal Rules of Civil Procedure to conform to the evidence, the Trademark Trial and Appeal Board, in lieu of determining the matter in the decision on the proceeding, may remand the application to the trademark examining attorney for reexamination in the event the applicant ultimately prevails in the inter partes proceeding. Upon remand, the trademark examining attorney shall reexamine the application in light of the matter referenced by the Board. If, upon reexamination, the trademark examining attorney finally refuses registration to the applicant, an appeal may be taken as provided by §§ 2.141 and 2.142.

[81 FR 69985, Oct. 7, 2016]