(1) No co-pending proceedings With respect to a particular registration, while an ex parte reexamination proceeding is pending, no later ex parte reexamination proceeding can be instituted with respect to the same goods or services that are the subject of a pending ex parte reexamination proceeding. (2) Estoppel With respect to a particular registration, for any goods or services previously subject to an instituted ex parte reexamination proceeding for which, in that proceeding, it was determined that the registrant had used the mark for particular goods or services before the relevant date, and the registration was not cancelled as to those goods or services, no further ex parte reexamination proceedings may be initiated as to those goods or services, regardless of the identity of the petitioner. (k) Supplemental register The provisions of subsection (b) apply, as appropriate, to registrations under section 23. Nothing in this section shall be construed to limit the timing of a cancellation action under section 24 of the Act. . (d) Appeal (1) Appeal to trademark trial and appeal board Section 20 of the Trademark Act of 1946 ( 15 U.S.C. 1070 ) is amended by inserting , or from any order to cancel a registration, in whole or in part, arising from an ex parte expungement proceeding or ex parte reexamination proceeding, after registration of marks . (2) Appeal to courts (A) Expungement or ex parte reexamination Section 21(a)(1) of the Trademark Act of 1946 ( 15 U.S.C. 1071(a)(1) ) is amended by striking or an applicant for renewal and inserting the following: an applicant for renewal, or a registrant subject to an order to cancel arising from an expungement or ex parte reexamination proceeding . (B) Exception Section 21(b)(1) of the Trademark Act of 1946 ( 15 U.S.C. 1071(b)(1) ) is amended by inserting , other than a registrant subject to an expungement proceeding or ex parte reexamination after authorized by subsection (a) of this section . (e) Technical and conforming amendments The Trademark Act of 1946 is