USPTO TM Examination Guides

Trademark Manual of Examining Procedure (TMEP) Update

The United States Patent and Trademark Office (USPTO) has released an updated version of its Trademark Manual of Examining Procedure (TMEP), dated November 2025. This manual provides guidelines for examining attorneys and serves as a reference for trademark applicants and their representatives regarding USPTO examination practices.

USPTO Examination Guide: Section 2(a) Deceptiveness for Class 5 Goods

The USPTO issued Examination Guide 1-11 detailing the test for determining deceptiveness under Section 2(a) of the Trademark Act for goods in International Class 5, such as pharmaceuticals. The guide outlines the three-prong test from In re Budge Mfg. Co. Inc. and its application to health-related claims.

USPTO Examines Cannabis Marks Under 2018 Farm Bill

The USPTO issued Examination Guide 1-19 to clarify the examination of trademarks for cannabis and cannabis-derived goods following the 2018 Farm Bill. The guide specifies that marks for goods containing more than 0.3% THC will still be refused, but marks for hemp-derived products (with <=0.3% THC) may be registrable.