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Filing Deadlines Extended Until March 18 Due to Office Closure on March 17, 2014

In view of the official closing of the Federal Government offices in the Washington, D.C. metropolitan area, including the USPTO, on Monday, March 17, 2014, the deadlines for any trademark-related filings due on March 17, 2014 are extended until Tuesday, March 18, 2014.  Because the TEAS forms cannot be reprogrammed to accept these delayed filings, customers will need to employ workaround procedures to file these submissions on Tuesday.  The USPTO suggests the following:

To File Electronically:

For Application-Related Filings:

1.  Responses to Examining Attorney Office Actions

Use the “Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action” form.  The form can be located here: http://teas.uspto.gov/poa/.  The necessary petition fee must be paid when submitting the form. However, you may request a waiver of the petition fee, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver. 

NOTE: For responses to Intent to Use Office actions and Petition Deficiency Notices, please follow the instructions in 6. Other Filings below.

2.  Extensions of Time to File a Statement of Use

Use the “Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request” form.  The form can be located here: http://teas.uspto.gov/pse/.  The necessary petition fee must be paid when submitting the form.  However, you may request a waiver of the petition fee, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver.    

3.  Statements of Use

Use the “Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request” form.  The form can be located here: http://teas.uspto.gov/pse/.  The necessary petition fee and extension request fee(s) must be paid when submitting the form.  However, you may request a waiver of the petition fee, and if the waiver is granted, the USPTO will refund the petition fee.  After filing, e-mail TEAS@uspto.gov with the serial number to expedite processing of your request and to request the fee waiver. 

4.  Late Petitions to Revive

If you are beyond the two month period after the notice of abandonment for filing a petition to revive, use the “Due Diligence Petition under Trademark Rule 2.66” form.  Please include an explanation of the reason for the delay in filing the petition.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 8). 

5.  New Applications with a Section 44(d) Priority Deadline or International Applications with a Madrid Priority Deadline 

Use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met. The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance press 0, and ask to speak to the staff attorney on duty. 

6.  Other Filings 

For any other application-related filings where the deadline has been missed, use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance. 

For Post Registration Filings:

1.  Section 8 Affidavit of Use or Excusable Nonuse: 

For registrants who missed their deadline due to the closure of the Office and are now in the grace period, use the “Declaration of Use and/or Excusable Nonuse of a Mark under Section 8” form.  A request to waive the grace period fee can be made in the miscellaneous statement field, and if the waiver is granted, the USPTO will refund the fee. 

For registrants who missed their grace period deadline due to the closure of the Office, use the “Petition to the Director under Trademark Rule 2.146” form, pay the $100 petition fee and request a waiver of the petition fee.  This form is available at  http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3).   The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met, including, required specimens and fees. 

2.  Combined Section 8 Affidavit of Use or Excusable Nonuse and Section 9 Renewal 

For registrants who missed their deadline and are now in the grace period, use the “Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9” form.  A request to waive the grace period fee can be made in the miscellaneous statement field, and if the waiver is granted, the USPTO will refund the fee. 

For registrants who missed their grace period deadline due to the closure of the Office, use the “Petition to the Director under Trademark Rule 2.146” form, pay the $100 petition fee and request a waiver of the petition fee.  This form is available at  http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3).   The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met, including, required specimens and fees. 

3.  Section 71 Affidavit of Use or Excusable Nonuse for Madrid Extensions of Protection 

For registrants who missed their deadline and are now in the grace period, use the “Declaration of Use and Excusable Nonuse under Section 71” form.  A request to waive the grace period fee can be made in the miscellaneous statement field, and if the waiver is granted, the USPTO will refund the fee. 

For registrants who missed their grace period deadline due to the closure of the Office, use the “Petition to the Director under Trademark Rule 2.146” form, pay the $100 petition fee and request a waiver of the petition fee.  This form is available at  http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3).   The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met, including, required specimens and fees. 

4.  Other Filings 

For any other post registration related filings where the deadline has been missed, use the “Petition to the Director under Trademark Rule 2.146” form.  The delayed filing should be included within or as an attachment to the petition form and all minimum filing requirements must be met.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950 for further assistance. 

For TTAB-Related Filings:

ESTTA – the Electronic System for Trademark Trials and Appeals – is the Board’s electronic filing system. If ESTTA filing is not possible prior to a deadline for any reason, parties should timely submit their filings on paper, using another filing option as appropriate (e.g., certificate of mailing or Express Mail procedures). See TBMP § 110 (Certificate of Mailing), and TBMP § 111 (“Express Mail” procedure). Note, however, that an extension of time to oppose, or a notice of opposition involving an application under Trademark Act § 66(a) must be filed through ESTTA. Users should not anticipate that the Board will extend a deadline because it was not possible to file a paper by ESTTA on the due date.  For assistance with an ESTTA filing, e-mail ESTTA@uspto.gov.

To File by Paper:

Customers may also submit the filing on paper.  Please see the guidance posted here http://www.uspto.gov/trademarks/teas/TEAS_outage.jsp.  Generally, the filing date of the document is the date the document is received by the USPTO, unless use of a certificate of mailing allows for an earlier filing date. Please contact the Office of the Deputy Commissioner for Trademark Examining and Policy at 571-272-8950, press 0, and ask to speak to the staff attorney on duty for further assistance.

Contact TEAS:

If you require any additional filing assistance, immediately e-mail TEAS@uspto.gov.  Please include:  (1) your name; (2) telephone number; (3) application serial number or registration number; (4) a description of your issue, including the name of the TEAS form you are having problems with (e.g., Response to Office Action Form, Request for Extension of Time to File a Statement of Use, etc.).

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Last Modified: 3/16/2014 9:32:09 AM