T.M.E.P. § 1604.16
Response to Office Action

Executive summary:

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1604.16 Response to Office Action

Under 37 C.F.R. 2.163(b), a response to a refusal must be filed within six months of the mailing date of the Office action, or before the end of the relevant filing period set forth in §8(a) or §8(b) of the Act, whichever is later. If no response is received within that time, the registration will be cancelled.

The owner may file a petition to the Director under 37 C.F.R. §§2.146(a)(3) and 2.146(a)(5) to waive 37 C.F.R. 2.163(b) so that a late response to an Office action can be accepted. However, the Director will waive a rule only in an extraordinary situation, where justice requires and no other party is injured. See TMEP §1708. The failure to receive an Office action has been found to be an extraordinary circumstance that warrants a waiver of 37 C.F.R. 2.163(b). The "unintentional delay" standard of 37 C.F.R. 2.66 does not apply to the failure to respond to an Office action issued in connection with a §8 affidavit. TMEP §1714.01(f)(ii).

See TMEP §§1604.17 et seq. for information about the procedures, deadlines, and surcharge for correcting deficiencies.