Request review of refusal for Section 8 or 71 declaration | Form: Petition to Director In step 3 of the form, select “Review decision denying Section 8 or 71 declaration.” When to file: File no later than six months after the issue date of the office action maintaining the refusal of your filing. Purpose: Request review of the continued refusal of your specimens of use, ownership information, or excusable nonuse claim submitted in a Section 8 or 71 declaration, or request review of the refusal to accept proof of use submitted in response to a post registration audit. Resources: Specimen requirements, Post Registration Audit Program Decision examples: |
Reinstate a registration that was canceled for not responding to an office action issued for your Section 8 or 71 declaration and accept a late response | Form: Petition to Director In step 3 of the form, select “Reinstate a cancelled registration and accept a late response to an office action issued in connection with a Section 8 or 71 declaration.” When to file: File no later than two months after the issue date of your Notice of Cancellation. If you haven't received a notice, file within two months of the date you learned of the notice, but no later than six months after the cancelation date in TSDR. Purpose: Request that we waive your response deadline and reinstate your registration if an extraordinary situation prevented you from responding on time to an office action. Requirements: Your petition must include your response to the office action and must explain the extraordinary situation that prevented you from submitting it on time. Resources: TMEP section 1708 |
Reinstate goods or services that were canceled for not responding to an office action issued in an expungement or reexamination proceeding | Form: Petition to Director In step 3 of the form, select “Reinstate a cancelled registration and accept a late response to an office action issued in connection with an expungement or reexamination proceeding.” When to file: File no later than two months after the issue date of your Notice of Cancellation. If you haven't received a notice, file within two months of the date you learned of the notice, but no later than six months after the cancelation date in TSDR. Purpose: Request that we waive your response deadline and reinstate the goods or services that were cancelled if an extraordinary situation prevented you from responding on time to an office action. Requirements: Your petition must include your response to the office action and must explain the extraordinary situation that prevented you from submitting it on time. Resource: TMEP section 1708 |
Request review of a denial to amend your registration submitted under Section 7 | Form: Petition to Director In step 3 of the form, select “Review decision denying Section 7 request.” When to file: File no later than six months after the issue date of the office action refusing your amendment. Purpose: Request review of the denial of a Section 7 request to amend or correct a trademark registration. Resource: TMEP section 1609 Decision examples: |
Add deleted goods or services back to a registration | Form: Petition to Director In step 3 of the form, select “Other” and enter “reinsert deleted goods/services.” When to file: File immediately after the goods or services were deleted. Purpose: Add back goods or services to a registration after they were deleted in error. Requirements: You must act immediately and show that the deletion was due to an extraordinary situation such as an inconsistency in the submitted filing. In addition to your petition, also file a new response to the office action or maintenance filing describing which goods or services should remain in your registration. Decision example: |
Abandon a Section 15 affidavit of incontestability | Form: Petition to Director In step 3 of the form, select “Other” and enter “abandon a section 15 affidavit of incontestability.” When to file: File any time after submitting your Section 15 affidavit of incontestability. Purpose: Request to abandon a Section 15 affidavit or the Section 15 portion of your combined declaration of use or excusable nonuse and affidavit of incontestability (Section 8 and 15, or Section 71 and 15). Decision examples: |
Amend the identification of your goods or services due to technology evolution | Form: Petition to Director In step 3 of the form, select “Other” and enter “amend the identification of goods or services in a trademark registration due to technology evolution.” When to file: File after your trademark has registered. Purpose: Request that we amend your registered good or service to a good or service that is fundamentally the same but has evolved due to changes in technology. Resource: Amending your registration's good or services when technology evolves Decision examples: |