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Filing Deadlines Extended Until October 30th for October 29th or 30th Due Dates

Monday and Tuesday filing deadlines are extended until Wednesday, October 31, 2012 since the USPTO was closed Monday and Tuesday.  However, the Trademark Electronic Application System (TEAS) forms that block untimely filings will be unable to accept the delayed filings (we cannot modify TEAS to account for the unexpected closure).

To File Electronically:

As a work around, the USPTO makes the following suggestions:

Application-Related Filings:

For responses to Office actions, please use the “Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action” form.  You may request a waiver of the petition fee. The form can be located here: http://teas.uspto.gov/poa/.

For extensions of time to file a statement of use, please use the “Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request.”  You may request a waiver of the petition fee.  The form can be located here: http://teas.uspto.gov/pse/.

For statements of use, use the “Petition to the Director under Trademark Rule 2.146”  form.  You may request a waiver of the petition fee.  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.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). 

For late petitions to revive, use the “Due Diligence Petition under Trademark Rule 2.66” form.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 8). 

To request the USPTO accord a filing date to a new application or international application, with a priority deadline, use the “Petition to the Director under Trademark Rule 2.146”  form.  The form can be located here: http://www.uspto.gov/trademarks/teas/petition_forms.jsp (form number 3). You may request a waiver of the petition fee. 

Post Registration Filings:

For registrants who missed their deadline and are now in the grace period, they may use the regular TEAS forms and pay the grace period fee.  A request to waive the grace period fee can be made in the miscellaneous statement field.  If the grace period deadline fell on Monday or Tuesday, and therefore has been extended until today, registrants may 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. 

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.

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: 11/2/2012 5:06:44 PM