Disaster guidance for trademark customers

If you are affected by the COVID-19 outbreak, see how the USPTO is addressing the COVID-19 outbreak. Also, see the COVID-19 FAQs for more information about relief provided to Trademark filers.

If you are affected by a widespread disastrous event—such as a wildfire, flood, super storm, hurricane, or earthquake—you may seek special relief due to an "extraordinary situation."

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.

Response deadline approaching

If you are located in an area affected by a widespread disaster, you can request by email that we reissue your office action or notice of allowance with a new response period. To do so, you must:

  • Send your request before the deadline for responding to the office action or notice of allowance.
  • Specify your reason for this request as the following: You need the document reissued due to the effects of a particular widespread disaster. Include the name of the event as it appears in popular usage (e.g., Hurricane Harvey, Superstorm Sandy).
  • 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, specify the name of the event as it appears in popular usage (e.g., Hurricane Harvey, Superstorm Sandy).

Response deadline missed

If you have missed a filing deadline due to a widespread disaster, follow the application and post-registration deadlines guidance below. However, some statutory deadlines cannot be extended for any reason. In those cases, you will likely need to start over with a new application.

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 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 to you. 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, Superstorm 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, Superstorm Sandy).

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

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, Superstorm Sandy).

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

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 refunded.

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 Director

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

In the "explanation of filing" text entry box, include a request that the fee be waived, a statement of the action you want us to take on your application, an explanation that the action is needed due to the effects of a widespread disaster, and specify the name of the event (e.g., Hurricane Harvey, Superstorm Sandy).

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

Note 1: Statements of Use

If more than three years have passed since the issue date of your notice of allowance, federal law prohibits us from granting you any further extensions of time or accepting your statement of use. Under these circumstances, your application is abandoned. Instead, you must file a new trademark application with a new application filing fee. After filing the new application, use the Request to Make Special form (form number six on petitions forms page) if the trademark is the same and the goods/services are identical to or narrower than the goods/services in the canceled or expired registration. There are no fees for the request to make special.

Post-registration deadlines

If the deadline for filing your required maintenance document has not passed, you can submit it using one of the TEAS forms below. If you are filing a maintenance document during the six-month grace period already available for post-registration filings, you must pay the grace period per class fee. We cannot waive the fee for filing during 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.

Late response to post-registration office action

Petition to Director

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

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

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

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 trademark is the same 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. You must assert a basis for the application under Trademark Act Section 1 and/or 44. See the Basis webpage for more information. After filing the application, use the Request to Make Special form if the trademark is the same 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 documents with the USPTO during a disaster

Follow the guidance on the alternative filing method webpage to ensure that alternative method filings are timely received by the USPTO. If you are filing on paper as the alternative filing method, you must pay the additional fee for filing on paper, if there is a fee associated with your filing. However, we will waive a paper fee upon request in this situation and allow you to pay the TEAS electronic fees instead. Include with your paper filing a request to waive the fee due to the effects of a widespread disaster and specify the name of the event (e.g., Hurricane Harvey, Superstorm Sandy).

Questions

To speak with our staff about the impact of a widespread disaster on your trademark filing, contact the Office of the Deputy Commissioner for Trademark Examination Policy at 571-272-8950. You may also email us at 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 using TEAS, email TEAS@uspto.gov. Include in your email:

  • Your name
  • Phone number
  • Application serial number or registration number
  • 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.).