37 CFR 7.40
Petition to Director to review refusal.
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§7.40 Petition to Director to review refusal.
A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 7.39(b)
for the deadline for responding to an examiner's Office action.
If the examiner maintains the refusal of the affidavit or declaration, the holder may file a petition to the Director to review the examiner's action. The petition must be filed within six months of the mailing date of the action maintaining the refusal, or the Office will cancel the registration.
A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.