Disaster guidance for trademark customers

Trademark applicants and registrants affected by a widespread disastrous event—such as a wildfire, flood, super storm, hurricane, or earthquake—may seek special relief due to an "extraordinary situation." This page explains how we can help.

Response deadline approaching

If you are an applicant or registrant located in an area affected by a widespread disaster, you can request in writing that we reissue your office action or notice of allowance with a new response period. You must submit your request before the deadline for responding to the office action or notice of allowance, and you must indicate in your request that you need the document reissued due to the effects of a widespread disaster. Your request must include the serial number or registration number, as well as any necessary updates to the correspondence address of record (for example, if you have relocated as a result of the disaster). 

Email your request to TMPolicy@uspto.gov. In the email subject line, write the name of the event as it appears in popular usage (e.g., Hurricane Harvey, Super Storm Sandy). You can also mail your request to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451. For expedited processing, we recommend emailing your request. 

Response deadline missed

If you have missed a filing deadline due to the devastating effects of a widespread disaster, follow the guidance below. Please understand that some statutory deadlines cannot be extended for any reason. 

Application deadlines

In most cases, we can accept a late filing if you submit a petition through one of the forms below. If the petition to revive forms are not available for your serial number, use the Petition to the Director form.

The form will require you to pay a $100 petition fee in addition to any other required fees. However, after the petition fee is paid, you may request to have it waived, and we will refund it. In the miscellaneous statement field of your petition form, include a request to waive the fee and a statement that the failure to respond was due to the effects of a widespread disaster. Specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy). Once you submit your request, email TMPolicy@uspto.gov to request expedited processing and the fee refund. Include your serial number in your email.

What you are filing late

The form you need to submit

Important notes

Response to examining attorney office action

Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action

https://teas.uspto.gov/poa/

In the miscellaneous statement field, request a refund of the petition fee due to the effects of a widespread disaster and specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy).

After filing, email TMPolicy@uspto.gov with your serial number to request expedited processing and the fee refund.

Extension of time to file a statement of use

Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request

https://teas.uspto.gov/pse/

In the miscellaneous statement field, request a refund of the petition fee due to the effects of a widespread disaster and specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy).

After filing, email TMPolicy@uspto.gov with your serial number to request expedited processing and the fee refund.

See note 1 if you missed your three-year statutory deadline for filing a statement of use.
(Only for customers who have been granted five previous extensions.)

Statement of use

Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request

https://teas.uspto.gov/pse/

If you file a petition to revive with a statement of use, you must file an extension request with the statement of use. We cannot waive the fee for filing the necessary extension request. However, you can request a refund of the petition fee due to the effects of a widespread disaster per the instructions above.

After filing, email TMPolicy@uspto.gov with your serial number to request expedited processing and the fee refund.

See note 1 if you missed your three-year statutory deadline for filing a statement of use.
(Only for customers who have been granted five previous extensions.)

All other application-related filings

Petition to the Director under Trademark Rule 2.146

https://teas.uspto.gov/gf/spring/nonteas?type=preSelected&id=PSC0PGP

Indicate the action that you want us to take on your application, include a statement that action is needed due to the effects of a widespread disaster, and specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy).

After filing, email TMPolicy@uspto.gov with your serial number to request expedited processing and the fee refund.

Note 1: Statements of Use

If it has been more than three years since the issue date of your notice of allowance, the law prohibits us from providing a further extension or accepting a statement of use. You must file a new trademark application with a new application filing fee. You may request expedited handling if the new application is identical to the trademark and the goods/services are identical to or narrower than the goods/services in the abandoned application. After filing, please email TMPolicy@uspto.gov with the new application serial number and request expedited handling your new application because a widespread disaster prevented you from filing your statement of use. Please also provide your old serial number.  

Post-registration deadlines

If the deadline for filing your required maintenance document has not passed, you can submit it through one of the forms below. If you are filing a maintenance document during the six-month grace period already available for post-registration filings, you must pay an additional fee per class of goods/services. We cannot waive the fee for filing in the grace period. If you can’t use the form because the six-month grace period has expired, the deadline cannot be extended. See important notes below.

What you are filing

The form you need to submit

Important notes

6-year Section 8

 

Section 8 Affidavit of Use or Excusable Nonuse

https://teas.uspto.gov/postreg/sect08

See note 2 if you can’t use the form because the deadline passed.

Every 10-year Combined Section 8 and Section 9

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

https://teas.uspto.gov/postreg/s08n09

See note 2 if you can’t use the form because the deadline passed.

Section 71 for Madrid Extensions of Protection

 

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

https://teas.uspto.gov/postreg/sect71

See note 3 if you can’t use the form because the deadline passed.

Response to post-registration office action

Petition to the Director under Trademark Rule 2.146

https://teas.uspto.gov/gf/spring/nonteas?type=preSelected&id=PSC0PGP

The form will require you to pay a $100 petition fee in addition to any other required fees. However, we will waive the petition fee upon request, and it will be refunded.

In the text entry box, include a request that the fee be waived, a statement of the action you want us to take on your registration, a complete response to the office action, and an explanation that the petition is needed due to to the effects of a widespread disaster and specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy)

After filing, email TMPolicy@uspto.gov with your registration number to request expedited processing of your petition and the fee refund.

Note 2: Statutory deadline passed for U.S. registration

If you can’t use the form because the grace period has expired, the deadline cannot be extended. You must file a new application with a new application fee. After filing the new application, use the Request to Make Special form if the new application is identical to the trademark and the goods/services are identical to or narrower than the goods/services in the canceled or expired registration. There are no fees associated with a request to make special. 

Note 3: Statutory deadline passed for Madrid Registered Extension of Protection

If you can’t use the Section 71 form because the grace period has expired, the deadline cannot be extended. We will cancel the registration and notify the International Bureau of the World Intellectual Property Organization (WIPO) in due course. Once the protection extended to the United States is canceled/invalidated, you may file a subsequent designation to re-designate the United States. For more information on subsequent designation, please see WIPO’s website.

Alternatively, you may file a U.S. application with an application fee directly with the USPTO. After filing the application, use the Request to Make Special form if the new application is identical to the trademark and the goods/services are identical to or narrower than the goods/services in the canceled or expired registration. There are no fees associated with a request to make special.

Filing by paper

Follow the guidance on the alternative filing method webpage to ensure that paper filings are timely received by the USPTO. Generally, the filing date is the date the document is received by the USPTO, unless you use a certificate of mailing, which allows for an earlier filing date. Some filing deadlines cannot be extended (see above). You must pay the additional fee for filing on paper. However, we will waive the paper fee upon request. Please include a request to waive the fee due to to the effects of a widespread disaster and specify the name of the event (e.g., Hurricane Harvey, Super Storm Sandy).

Special note for TEAS Plus and TEAS RF applications

If you can’t file documents online due to a widespread disaster and instead must file documents on paper, include in your filing a request to waive the mandatory electronic filing requirement to maintain TEAS Plus/RF status and a statement explaining how the widespread disaster affected you. 

Special note for Express Mail filers

If the USPTO designates the widespread disaster as a postal service interruption and emergency, an official notice will be published in the Federal Register and available on the Federal Register Notices webpage.  

Additional support

To speak with someone about the impact of a widespread disaster on your trademark filing, contact the Office of the Deputy Commissioner for Trademark Examination and Policy at 571-272-8950, press 0, and ask to speak to the staff attorney on duty, or email TMPolicy@uspto.gov

For Trademark Trial and Appeal Board matters, contact 571-272-8500 or TTABInfo@uspto.gov.

Technical assistance with Trademark Electronic Application System (TEAS)

For technical assistance with electronic filing, email TEAS@uspto.gov. Please include: (1) your name; (2) phone number; (3) application serial number or registration number; and (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.).